People v. Harris

373 N.E.2d 593, 57 Ill. App. 3d 639, 15 Ill. Dec. 247, 1978 Ill. App. LEXIS 2182
CourtAppellate Court of Illinois
DecidedFebruary 14, 1978
Docket61288
StatusPublished
Cited by5 cases

This text of 373 N.E.2d 593 (People v. Harris) 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. Harris, 373 N.E.2d 593, 57 Ill. App. 3d 639, 15 Ill. Dec. 247, 1978 Ill. App. LEXIS 2182 (Ill. Ct. App. 1978).

Opinion

Mr. PRESIDING JUSTICE GOLDBERG

delivered the opinion of the court:

After trial by jury, Reucshelle Harris (defendant) was found guilty of armed robbery (Ill. Rev. Stat. 1971, eh. 38, par. 18 — 2), and was sentenced to 4 to 12 years. She appeals to this court. Maurice Jones, a codefendant, is not involved in this appeal. Defendant raises no point on the sufficiency of the evidence to prove guilt beyond a reasonable doubt. However, a factual statement is necessary.

About 12:30 a.m. on August 15,1973, Amos Guilcrest and Michael King were walking slowly down a street in Chicago. The defendant and codefendant passed Guilcrest and King and walked in the other direction. Defendant and her companion said “hello” as they passed. Defendant and codefendant then turned and walked toward Guilcrest and King. About this time, defendant said to the codefendant either, “Go over there” or “Will you go over there?” As the four persons came together, the codefendant produced a pistol and said, “Hold it, brother, this is a stickup.” A dark garment or sweater of some kind was draped over defendant’s hand.

Both Guilcrest and King took money from their pockets and gave it to the codefendant. The codefendant ordered them to turn around and walk away or he would shoot. They obeyed. About that time Guilcrest saw a police vehicle which he summoned. Guilcrest and King told the officers they had been robbed and pointed out defendant and codefendant about to enter a gangway. The police vehicle went after them. A police squad car then approached and Guilcrest and King told these officers they had been robbed. The police first arrested the codefendant and then saw the defendant. They drew their guns and approached. She said, “This is the first time I ever did this.” The officers found that she had $2 rolled up in her hand. She told the officers that the rest of her money was in her bra. A search at the police station disclosed $57 on her person. No gun was found despite a search of the area.

Defendant testified in her own behalf that she had been visiting in the apartment of her friend, Ernest Luckett. The codefendant arrived later. He was acting in a disturbed manner. He went out to buy drinks and defendant accompanied him. He told defendant he was going to rob somebody. Defendant thought it was a joke, but she agreed. They saw Guilcrest and King on the street. Defendant thought the codefendant knew them. The codefendant stopped them and they appeared frightened. They started looking into their pockets. The defendant had not seen a gun. She turned and ran through a gangway to a fence. Jones caught up with her, helped her over the fence and handed her some of the money. She told police that the money was in her bra. The parties stipulated that the codefendant, Maurice Jones, was found not competent to stand trial.

Upon consideration of the evidence, we conclude that it is amply sufficient to prove the guilt of the defendant for armed robbery to the point of being overwhelming. The points relied upon by defendant will now be discussed.

L_

Immediately prior to the start of opening statements, counsel for defendant requested the court to excuse Andrew Pachek, one of the jurors. Counsel told the court that during the noon hour, in the courthouse lobby, this juror had pointed defendant out to other persons and his face indicated a dislike for defendant. The court interviewed the juror in chambers in the presence of a court reporter. The court advised the juror regarding these statements by the defense and also stated that if the juror did this he might possibly be in contempt of court. The juror denied that he had ever pointed anybody out as alleged. Proceeding in chambers, the court then had the juror sworn and submitted him to the attorneys for interrogation. The State’s Attorney asked no questions. Defense counsel inquired from the juror as to whether he had engaged in a discussion or had heard a discussion concerning the defendant. The juror denied this and stated that he did not notice the defendant in the corridor. The trial then proceeded. Defendant urges that Juror Pachek was the foreman of the jury and defendant was thus denied a fair trial.

There are a number of decided cases which throw some light upon this type of situation. The cases involve alleged failure of a juror on voir dire to disclose pending suits against him concerning his qualifications to participate in a personal injury case Pekelder v. Edgewater Automotive Co. (1977), 68 Ill.2d 136, 368 N.E.2d 900; the disposition of challenges for cause by the court in jury selection People v. Cole (1973), 54 Ill. 2d 401, 298 N.E.2d 705; People v. Chatman (1977), 49 Ill. App. 3d 1034, 364 N.E.2d 739; and, finally, issues arising from alleged unauthorized communications between the jurors and outsiders, People v. Charles (1977), 46 Ill. App. 3d 485, 360 N.E.2d 1214; People v. Peters (1975), 33 Ill. App. 3d 284, 337 N.E.2d 716, leave to appeal denied, 61 Ill. 2d 603.

In our opinion, these authorities are of some assistance in the case before us. We note first the illuminating discussion in Cole in which the supreme court rejected the cliche that a juror must be “ ‘wholly free from even the suspicion of bias’.” (People v. Cole, 54 Ill.2d 401, 415 quoting from People v. Cravens (1941), 375 Ill. 495, 497, 31 N.E.2d 938.) The court pointed out in Cole, “The determination of the trial court as to the competency of the juror should not be set aside unless it is against the manifest weight of the evidence ° People v. Cole, 54 Ill. 2d 401, 415.

In our opinion, the basic test which should be applied here is that of prejudice to the defendant. We pointed this out in Peters, and reviewed the authorities which established the principle that in these cases of alleged unauthorized communications to a juror, it is necessary for the defendant to show that the incident in some way was prejudicial to his rights. (People v. Peters, 33 Ill. App. 3d 284, 289.) Subsequently in Charles, the court stated that unauthorized contact between the jury and a deputy sheriff was not grounds for a new trial in the absence of a showing of prejudice to the defendant. People v. Charles, 46 Ill. App. 3d 485, 488.

In the case before us, the point raised against the juror is completely vague. It is based upon an assertion by defendant’s counsel which depends upon another assertion by defendant which in turn depends upon observation of the juror by the defendant and the conclusion reached in this manner regarding an expression on the juror’s face. There is no tangible evidence of any communication by any outsider to the jury or the converse thereof. In view of the denial of these vague charges by the juror to the court in chambers, and in response to questions by defense counsel, we must conclude that the ruling by the court was well within the bounds of reasonable discretion. We find no violation of defendant’s rights in this regard.

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Bluebook (online)
373 N.E.2d 593, 57 Ill. App. 3d 639, 15 Ill. Dec. 247, 1978 Ill. App. LEXIS 2182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-harris-illappct-1978.