People v. Boone

370 N.E.2d 673, 55 Ill. App. 3d 83, 12 Ill. Dec. 869, 1977 Ill. App. LEXIS 3771
CourtAppellate Court of Illinois
DecidedDecember 15, 1977
Docket77-209
StatusPublished
Cited by5 cases

This text of 370 N.E.2d 673 (People v. Boone) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Boone, 370 N.E.2d 673, 55 Ill. App. 3d 83, 12 Ill. Dec. 869, 1977 Ill. App. LEXIS 3771 (Ill. Ct. App. 1977).

Opinion

Mr. JUSTICE ALLOY

delivered the opinion of the court;

This is an appeal by defendant Anglia Boone from a conviction of theft in the Circuit Court of Peoria County following a jury trial. Defendant was sentenced to a term of 1 to 1½ years imprisonment to be served consecutively to a sentence previously imposed upon defendant. On appeal, defendant contends (1) that the State failed to properly prove the corporate existence of the business victimized by the theft involved as alleged in the indictment, (2) that defendant was denied a fair trial as a result of a witness testifying that he recognized defendant from “prior engagements,” (3) that defendant was denied a fair trial as a result of a State’s witness testimony, on cross-examination, that a prospective defense witness had been previously tried as a lookout in the same alleged incident, (4) that the trial court erred in refusing a jury instruction tendered by defendant pertaining to an allegedly prior inconsistent statement by a State’s witness, and (5) that the sentence imposed by the trial court was excessive and the result of consideration of improper matters.

Defendant Anglia Boone was charged by indictment with the commission, on June 26,1976, of the offense of theft of property having a value less than *150, by knowingly exerting unauthorized control over a pair of pants, the property of Foxmoor Casuals, Inc., a corporation. The indictment further alleged that defendant had previously been convicted of the offense of theft.

The record shows that at the trial, the first State witness was Susan Callahan, a salesclerk at Foxmoor Casuals on the date of the alleged incident. She testified that she observed defendant enter the store and put a pair of gaucho pants in her purse, and then leave the store with John Rogers. Callahan followed defendant and Rogers into another store, where Callahan saw defendant place the gaucho pants in a drawer. On direct examination Callahan replied affirmatively to the question: “And on June 26, 1976, were you employed by Foxmoor Casuals, Inc., a corporation?” On cross-examination, defendant’s counsel questioned Callahan and asked how she knew that Foxmoor Casuals was a corporation? She replied: “Because at the last hearing that we had it was brought out to me and was made aware that it was a corporation.” The questioning then continued as follows:

“Q. What do you mean ‘at the last hearing’?
A. At John Roger’s hearing.
Q. What happened at John Roger’s hearing?
A. He was a look-out for her, and they had established this fact at the time, also whether it was a corporation or not.
Q. Well, did someone tell you that it was Foxmoor Casual, Inc.? You said you found that out at the last hearing.
A. That’s correct.
Q. Well, then, who told you that?
A. The Judge.
Q. The Judge told you that the name of the store was Foxmoor Casual, Inc.?
A. What I understand that the Judge said was, to be a store in this state, it has to be a corporation.
Q. Now, you testified that John Rogers was with her, right? A. That’s correct.
Q. And you said that at the prior trial or at the prior hearing that there was something about him being a look-out?
A. Yes.
Q. With her?
A. Yes.
Q. Did you testify in that trial?
A. Yes, I did.
Q. What was the result of that trial?
A. He was found not guilty.”

At the close of the cross-examination of Callahan, defense counsel moved for a mistrial on the ground that the witness had called Rogers, who was to be a primary defense witness, a “look-out” before the defense had presented its case. The trial court denied the motion.

Gerald Brink, a security guard at the store premises, also testified for the State and was cross-examined by defense counsel as to the chain of custody of the alleged stolen merchandise. The questions and answers continued as follows:

“Q. Do you have personal knowledge or know as to what Sue [Callahan] did with these pants after she found them at Carson’s?
A. Yes.
Q. What?
A. Sue gave them immediately to Corporal Mauschbaugh, who, in turn, like I said, brought them back down to the store. The chain of evidence was not broken. It was intact during the whole course from the time of arrest to the date of court here.
Q. If she gave them to the corporal, did he carry them around or what?
A. Let me say one thing. Foxmoor Casual is right immediately next to our security office. To get to our security office you’ve got to pass Foxmoor Casual. So to save steps and to eliminate a lot of extra hassle and work, we took the two down there for positive identification. Upon seeing both suspects at the time of stopping, I recognized both from previous engagements.”

Following this cross-examination of the witness, defense counsel moved for mistrial on the ground of the witness’ remark concerning “previous engagements”. Defendant’s motion for mistrial at this time was denied where the issue of the reference to “previous engagements” was raised in the motion.

Defendant testified that she had met Sharon Ford at the shopping mall and that Ford had given defendant the gaucho pants. Defendant testified that she put the pants into her purse, and in the course of shopping entered the Foxmoor Casuals store. She stated that while she was in the store she opened her purse to get a cigaret for John Rogers and puUed the pants out of her purse while looking for the cigarets. Defendant testified that after leaving the store she noticed that she was being followed by CaUahan, and became apprehensive that Ford may have stolen the pants, and then disposed of the pants.

Sharon Ford testified and corroborated the testimony of defendant and stated that she had purchased the pants at Foxmoor Casuals and presented a sales slip received at the time of the purchase. Irene Cooper and John Rogers also testified for the defense, and supported the testimony of defendant. Rogers also testified at his trial, regarding the same incident, and said that at that trial, Callahan did not state that defendant placed the pair of pants in her purse while in the store.

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419 N.E.2d 66 (Appellate Court of Illinois, 1981)
In re W. S.
408 N.E.2d 718 (Illinois Supreme Court, 1980)
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Bluebook (online)
370 N.E.2d 673, 55 Ill. App. 3d 83, 12 Ill. Dec. 869, 1977 Ill. App. LEXIS 3771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boone-illappct-1977.