People v. Gulley

344 N.E.2d 567, 36 Ill. App. 3d 577, 1976 Ill. App. LEXIS 2065
CourtAppellate Court of Illinois
DecidedMarch 12, 1976
Docket75-125
StatusPublished
Cited by8 cases

This text of 344 N.E.2d 567 (People v. Gulley) 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. Gulley, 344 N.E.2d 567, 36 Ill. App. 3d 577, 1976 Ill. App. LEXIS 2065 (Ill. Ct. App. 1976).

Opinions

Mr. JUSTICE JONES

delivered the opinion of the court:

Defendant, Gary Gulley, was convicted in a jury trial of the crime of unlawful delivery of a substance containing less than 200 grams of methedrine, in violation of section 401(c) of the Controlled Substances Act (Ill. Rev. Stat., ch. 56%, par. 1401(c)). He was sentenced to one to ten years’ imprisonment. Defendant appeals from the judgment of conviction and raises three issues: (1) whether the evidence was sufficient to prove defendant guilty beyond a reasonable doubt; (2) whether the defendant was entrapped; and (3) whether the court erred in sustaining objections to certain questions propounded by defense counsel on cross-examination of a witness for the State and in otherwise limiting cross-examination of that witness.

At trial defendant raised the affirmative defense of entrapment and most of the evidence presented by the State and by the defendant at trial was focused on that issue. The entrapment issue was submitted to the jury after proper instruction by the court. Although several witnesses testified during defendant’s trial, the most important testimony for the purposes of this appeal was that of Jack Cantrell, a paid informer for the Illinois Bureau of Investigation, and that of the defendant. Accordingly, their testimony will be summarized here.

The testimony of Jack Cantrel was as follows. On March 19, 1973, Cantrell was at Fuzzy’s poolroom in Harrisburg, Illinois. The defendant was also present at the poolroom and initiated a conversation with Cantrell in which the defendant told Cantrell that he knew where some “good speed” was located. Cantrell responded that he would like to buy some. The defendant asked what quantity Cantrell wished to buy, to which Cantrell responded by asking about the price of the drug. The defendant told Cantrell that the drug would cost Cantrell $110 per ounce. The next day, March 20, 1973, at 1:15 p.m., Cantrell met with Sheriff Glenn Oglesby, Detective Jack Nolen, and I.B.I. agent Dennis Bowman in Harrisburg, Illinois. Agent Bowman and Sheriff Oglesby searched Cantrell and determined that no drugs were in his possession. Bowman then gave Cantrell $115, and Cantrell immediately thereafter proceeded to Fuzzy’s poolroom where he encountered the defendant behind the poolroom at approximately 1:30 p.m. The defendant asked Cantrell whether he had the money to make the drug purchase, and Cantrell acknowledged that he did. They then got into the defendant’s automobile and the defendant proceeded to drive to Carterville, Illinois (approximately 25 miles from Harrisburg). During the trip to Carterville the defendant told Cantrell that he would let Cantrell out at Gooch’s poolroom in Carterville, where Cantrell was to wait while the defendant went to the home of Thomas Behnke to obtain the drugs. The defendant let Cantrell out as planned, and Cantrell did not see the defendant again until approximately 5 p.m. During all of that time Cantrell waited for Gulley at Gooch’s poolroom with the exception of a brief period around 3 p.m. when Cantrell went to talk with Agent Bowman to explain the delay. (Agent Bowman was parked in his automobile behind the poolroom.) At no time during this period of waiting did Cantrell have drugs in his possession.

At approximately 5 p.m. defendant entered Gooch’s poolroom, walked to a bench where Cantrell was seated, sat down, and told Cantrell that he had the deal arranged. The defendant told Cantrell that to get the drugs he would have to go into the poolhall bathroom, pick up the drugs and leave the money behind a pipe. Before Cantrell went into the bathroom, however, the defendant nodded to a man who was playing pool, after which the man went into the bathroom for approximately two minutes and then came out. Cantrell then went into the bathroom, picked up the narcotics and put them into his coat pocket, and placed $110 behind the pipe. (The drugs were later found to be methedrine.)

Cantrell and the defendant immediately thereafter left Gooch’s poolroom and the defendant drove Cantrell back to Harrisburg where he let Cantrell out at the home of Cantrell’s parents. Cantrell walked through the house and out the back door and met Agent John Sandusky. Cantrell gave Sandusky the drugs and the five dollars that he had not used for the purchase.

The defendant testified in his own behalf as follows. He had known Cantrell for eight years and had been an associate of Cantrell during the first half of 1973. (Defendant’s explanation of his association with Cantrell was that they smoked marijuana together and played ping pong in Cantrell’s garage.) On March 19, 1973, defendant saw Cantrell at Fuzzy’s poolroom. Cantrell approached defendant and asked the defendant to take him to Behnke’s home in Carterville so that Cantrell could purchase some “crystal.” Cantrell said that he needed the drug because he had been “up” for a week and was “coming down.” Defendant replied that he did not want “to be messing with it” because he believed that he would soon be getting his job back. Cantrell then said, “oh, come on,” and reminded defendant of the favors which he had done for him. Defendant then decided to take him to Behnke’s. Cantrell stated that he “had” the money for the purchase. However, when defendant, knowing Cantrell was unemployed, asked Cantrell how he had obtained the money, Cantrell replied that he would get the money from his wife’s welfare check which would come on March 20 or 21.

The next day, March 20, 1973, defendant met Cantrell at Fuzzy’s poolroom. Cantrell said that his wife’s check had arrived and that he had $115 and asked defendant to take him to Carterville to get some “crystal.” Cantrell said that he needed the drug because he had been “up” for a week, that he had been at Behnke’s for a week “doing crystal,” and that he was “coming down.” They went to the defendant’s car and the defendant said that he would take Cantrell to Behnke’s. They got into the car and started to Carterville.

During the trip to Carterville defendant asked Cantrell about some rumors which defendant had heard that Cantréll was “working for the police.” Cantrell denied that he was working for the police and explained that the police would not have someone with the criminal background that Cantrell had in their employ. A little later during the trip Cantrell stated that he wanted the defendant to obtain the drags for him because Cantrell owed Behnke $80 or $90 for “crystal” which Cantrell had “fired up” at Behnke’s. Cantrell explained that if he went to Behnke’s he would have to pay the debt and would then not have enough money to make the purchase. Defendant initially replied that he could not make the purchase, but when Cantrell reminded him of the favors Cantrell had done for him, defendant agreed to make the purchase.

Cantrell suggested that he would wait at Gooch’s poolroom while the defendant went to obtain the drags, and Cantrell also suggested that defendant go to the house of a person named Vineyard, where Behnke was likely to be. Defendant went to Vineyard’s house, did not find Behnke there, and then went to Behnke’s house.

When defendant arrived at Behnke’s he told them what he wanted. He was asked whether he had the money and was told to sit and wait. Defendant gave “them” $115 and waited for two hours or longer. Finally they brought in the “crystal,” weighed it, and gave it to defendant. He put it in his pants pocket and returned to Gooch’s poolroom.

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People v. Gulley
344 N.E.2d 567 (Appellate Court of Illinois, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
344 N.E.2d 567, 36 Ill. App. 3d 577, 1976 Ill. App. LEXIS 2065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gulley-illappct-1976.