People v. Sheridan

367 N.E.2d 422, 51 Ill. App. 3d 963, 10 Ill. Dec. 34, 1977 Ill. App. LEXIS 3217
CourtAppellate Court of Illinois
DecidedAugust 29, 1977
Docket13881
StatusPublished
Cited by24 cases

This text of 367 N.E.2d 422 (People v. Sheridan) 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. Sheridan, 367 N.E.2d 422, 51 Ill. App. 3d 963, 10 Ill. Dec. 34, 1977 Ill. App. LEXIS 3217 (Ill. Ct. App. 1977).

Opinion

Mr. JUSTICE LEWIS

delivered the opinion of the court:

Defendant was convicted by a jury of murder and sentenced to 70 to 210 years’ imprisonment. His appeal was timely.

Before discussing defendant’s contentions on appeal, the court must dispose of a preliminary matter. The record on appeal contains a volume III which consists of the circuit court minutes showing that on August 24, 1976, more than four months after defendant’s notice of appeal herein was filed, a murder indictment was dismissed against Robert Cash, an accomplice of defendant who testified at defendant’s trial for the State. The apparent reason for the minutes’ insertion in the record by defendant is to argue that Cash’s testimony was part of a deal with the State. The State has moved to strike volume III; this court ordered the motion taken with the case.

Here, the matter brought before this court occurred months after the trial and defendant’s notice of appeal. Although Cash and Sheridan had been charged in the same indictment, the cases had been severed before Sheridan’s trial. The inclusion of volume III was improper; matters not properly part of the record cannot be considered by this court, even though they are included in the record. (Iczek v. Iczek (1963), 42 Ill. App. 2d 241, 191 N.E.2d 648.) The State’s motion to strike is allowed. This determination, of course, does not bar defendant’s use of this evidence in a post-conviction proceeding if he so desires.

The defendant sets up several issues he considers error; therefore, a review of the trial testimony is necessary. The bound and gagged corpse of 90-year-old Edward Zimmerman was found on April 7, 1975. Bryan Outhouse, age 18, testified that he had known Francis Sheridan for four years and that the two owned a 1971 Camaro. On April 2,1975, defendant Outhouse, Robert Cash, and David Fulks were in the car when defendant told Outhouse to drive to Edward Zimmerman’s house where defendant was going to rob Zimmerman. Outhouse returned with the car to a designated pickup point, but did not see defendant until later, at a restaurant. Sheridan was mad at Outhouse and proceeded to take Outhouse home, but not before Sheridan had told Outhouse he had gotten money out of Zimmerman’s safe and that Fulks and Zimmerman had a struggle. Outhouse admitted he had not been charged in the case and that he and his lawyer were told there would be no charges if Outhouse cooperated in Sheridan’s prosecution.

Robert Cash, age 33, testified that everyone but Outhouse got out of the car and went to Zimmerman’s house. Fulks went in first, followed by Sheridan, and Cash followed later. Cash never saw Zimmerman. Sheridan gave Cash a bag of coins. Cash received *25 from the robbery. Sheridan later said *112 was the total taken. Cash had been charged with the instant murder. Cash testified no promises had been made by the State, but he has asked that any murder sentence be concurrent to any for robbery and that he be put in a different penitentiary than Sheridan. Cash is an alcoholic and takes nerve pills under prescription.

David Fulks, age 26, testified that he pleaded guilty to the murder of Zimmerman. He and Sheridan had been planning the robbery for months. Once in Zimmerman’s house, Fulks put a knife to Zimmerman’s throat, and when the old man did not give them the combination to Zimmerman’s safe, Sheridan beat him and hit him with a blackjack. After the combination was obtained, Fulks and Sheridan bound and gagged Zimmerman, who still struggled. Zimmerman died due to suffocation. The two tried to return by asking for a ride at a house, which was refused. The phones, in addition, were not working. Fulks admitted that when first questioned about the incident, he exculpated himself. Fulks plea bargained that his murder sentence would be concurrent with a 2 to 8 year robbery sentence.

A jail inmate testified to overhearing Cash say he was going to “pin it on Sheridan.” Defendant’s mother testified that her son lived with her since 1970 and was home on April 1 and 2, 1975. Defendant testified, denying being in the car that night and denying involvement in the crime. Several other jail residents testified concerning the jailbreak and conversations with Cash and Sheridan.

There are a number of contentions raised by the defendant in this appeal. The first issue raised by the defendant is that he was not proven guilty beyond a reasonable doubt. This argument is based upon an attack of the three accomplice witnesses who each named defendant as instigator and participant in the crime. This attack really goes to promises of leniency and not to credibility. It has always been the rule in Illinois that the uncorroborated testimony of an alleged accomplice is sufficient to warrant conviction. (People v. Hermens (1955), 5 Ill. 2d 277, 125 N.E.2d 500.) Accomplice testimony does have its inherent weaknesses, and direct contradiction or material corroboration from other sources are entitled to great weight. All the factors go to the weight and credibility of the witnesses’ testimony, matters over which the jury exercises its fact-finding function. The verdict will not be disturbed unless it is plainly apparent that proof beyond a reasonable doubt is lacking. (People v. Hansen (1963), 28 Ill. 2d 322, 192 N.E.2d 359.) The fact that the accomplice is a self-confessed criminal and has expectation of leniency does not, of itself, raise a reasonable doubt. People v. Musgray (1976), 37 Ill. App. 3d 48, 344 N.E.2d 708.

The defendant has additional problems with his attack on the accomplices since there are three to attack, and there is some corroboration of certain things that happened that night and the physical evidence in connection with the crime. The testimony of the accomplices is similar in almost every detail and is corroborated in part by other testimony. Defendant’s arguments concerning the credibility of the accomplices were placed before the jury. All three implicated Sheridan even though they were arrested in separate locations long after the crime was committed. There are no apparent family links, as in People v. Price (1974), 21 Ill. App. 3d 665, 316 N.E.2d 289, to supply a credible motive for a “frame-up.” The verdict will not be disturbed under the facts in this case on the question of reasonable doubt.

Defendant next contends that the trial court erred in refusing a defense motion to bar testimony concerning an alleged jail escape attempt by defendant. The first argument advanced is that evidence of an escape is not relevant when defendant is being held on more than one charge since any circumstantial evidence of guilt derived from the fact of the escape attempt is negated where it is possible defendant sought to escape from the second charge. The above position, however, has never been foUowed in Illinois. Rather, we feel the fact that defendant is being held on more than one charge should only go to the weight of the inference to be drawn from the fact of the escape attempt since the defendant may offer any proof which would explain the circumstances surrounding his escape or escape attempt. (See People v.

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Cite This Page — Counsel Stack

Bluebook (online)
367 N.E.2d 422, 51 Ill. App. 3d 963, 10 Ill. Dec. 34, 1977 Ill. App. LEXIS 3217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sheridan-illappct-1977.