People v. Taylor

561 N.E.2d 667, 138 Ill. 2d 204, 149 Ill. Dec. 297, 1990 Ill. LEXIS 101
CourtIllinois Supreme Court
DecidedSeptember 26, 1990
Docket69599
StatusPublished
Cited by24 cases

This text of 561 N.E.2d 667 (People v. Taylor) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Taylor, 561 N.E.2d 667, 138 Ill. 2d 204, 149 Ill. Dec. 297, 1990 Ill. LEXIS 101 (Ill. 1990).

Opinion

JUSTICE MILLER

delivered the opinion of the court:

The defendant, Joe Taylor, was charged by information in the circuit court of Jackson County with the offenses of unlawful possession of protected animals (Ill. Rev. Stat. 1987, ch. 61, pars. 2.36a(a), 3.21), operating as a taxidermist without a valid license (Ill. Rev. Stat. 1987, ch. 61, par. 3.21(a)), and possession of mammal parts not bearing coded origin tags (Ill. Rev. Stat. 1987, ch. 61, par. 3.21(c)). On the defendant’s motion, the trial judge found section 3.21 of the Wildlife Code (Ill. Rev. Stat. 1987, ch. 61, par. 3.21) unconstitutionally vague on its face. The trial judge then dismissed all three counts of the information, noting that the unlawful possession of protected animals offense alleged in count I of the information was predicated on a violation of section 3.21, and that the remaining two counts also alleged a violation of that provision. The State appealed the trial judge’s dismissal of the charges against defendant directly to this court pursuant to Supreme Court Rule 603 (107 Ill. 2d R. 603). We reverse and remand.

On March 2, 1989, a three-count information was filed against defendant in the circuit court of Jackson County. Count I charged that on February 3, 1989, defendant engaged in unlawful possession of protected animals in violation of section 2.36a(a) of the Wildlife Code (Ill. Rev. Stat. 1987, ch. 61, par. 2.36a(a)). That provision provides that a person commits a Class 3 felony when the person, “for profit or commercial purposes, knowingly *** possesses *** any animal or part of animal of the species protected by this Act, contrary to the provisions of this Act, and such animals, in whole or in part, are valued in excess of a total of $300.” The information specifically charged that defendant possessed for commercial purposes two whitetail deer heads, two cock pheasant skins, one cock quail skin, one fox squirrel, one gray squirrel, one weasel, one muskrat skin, and one Canadian goose skin. The information charged that defendant possessed the animal parts in violation of section 3.21 of the Act (Ill. Rev. Stat. 1987, ch. 61, par. 3.21).

Count II charged defendant with operating as a taxidermist without a valid license in violation of section 3.21(a) of the Wildlife Code (Ill. Rev. Stat. 1987, ch. 61, par. 3.21(a)). Section 3.21(a) specifies that “[ejvery person before engaging in the business of taxidermy shall obtain a license for such purpose from the [Illinois] Department [of Conservation].”

Count III of the information charged that defendant was in possession of mammal parts not bearing coded origin tags as mandated by section 3.21(c) of the Wildlife Code (Ill. Rev. Stat. 1987, ch. 61, par. 3.21(c)). Section 3.21(c) requires that “[a]ll birds or mammals or parts thereof that have been received, preserved or mounted or possessed by a taxidermist are required to bear a coded origin tag or label. The origin tag or label shall correspond with written records containing more complete information as required by the Department.” (Ill. Rev. Stat. 1987, ch. 61, par. 3.21(c).) The information listed two whitetail deer, one weasel, six deer hides, two deer capes, and five deer racks that were in defendant’s possession on February 3, 1989, while defendant was allegedly engaged in the business of taxidermy. None of the animal parts bore coded origin tags.

The trial court held a preliminary hearing on count I of the information on March 29, 1989. Michael O’Neill, an Illinois Department of Conservation police officer, testified at the hearing in behalf of the State. O’Neill recounted a conversation he had on February 1, 1989, with David Charles, another Illinois Department of Conservation police officer. Both officers were investigating an anonymous tip that deer had been poached in northern Illinois and had been transported to a taxidermist in southern Illinois named Joe Taylor. Charles informed O’Neill during the conversation that he had contacted defendant Taylor at his residence in Murphysboro, Illinois. Charles had inquired whether defendant was a taxidermist, stating that he was interested in having a deer head mounted. Defendant responded in the affirmative and invited Charles into his home to view examples of his work. When Charles entered defendant’s home, he saw two deer heads hanging on the wall. Both were in the process of being mounted. Charles told O’Neill that there were no coded origin tags attached to the deer heads and that a search of the Department of Conservation’s records (erroneously) revealed that a taxidermy permit had not been issued to defendant.

O’Neill testified that he then obtained a search warrant for defendant’s premises. During the execution of the warrant on February 3, 1989, officers seized two whitetail deer heads, two cock pheasant skins, one cock quail skin, one fox squirrel, one gray squirrel, one weasel, one muskrat skin, and one Canadian goose skin; none of the animals or animal parts bore coded tags or labels. O’Neill stated that the two whitetail deer heads were hanging on the wall and had pins in them. The other species were stored in a freezer, either skinned or frozen whole.

On cross-examination, O’Neill revealed that a taxidermist license issued in defendant’s name, which expired January 31, 1989, had been seized at the premises. He also testified that during the seizure defendant claimed that the two cock pheasant skins, the one cock quail skin, the fox squirrel, the gray squirrel, the muskrat skin and the Canadian goose skin were his personal property.

At the conclusion of the hearing, the trial judge found probable cause to believe that defendant had committed the offenses with which he was charged and defendant was arraigned. Defendant thereafter filed a motion in which he sought a declaration that section 3.21 of the Wildlife Code was unconstitutional on its face and as it applied to his case. Defendant alleged that section 3.21 is unconstitutionally vague because it fails to sufficiently describe what acts constitute “engaging in the business of taxidermy.” The trial judge heard the parties’ arguments on the motion on the day the case was set for trial.

The trial judge later issued a written order dismissing the three-count information, finding section 3.21 of the Wildlife Code (Ill. Rev. Stat. 1987, ch. 61, par. 3.21) unconstitutionally vague. After reviewing definitions of taxidermy in other jurisdictions, the trial judge determined that the phrase “engaging in the business of taxidermy” is capable of various meanings. Citing this court’s opinion in People v. Jihan (1989), 127 Ill. 2d 379, the trial judge concluded that the statute’s failure to define the disputed phrase deprived defendant of the guarantees of the due process provisions of the Federal and State Constitutions.

The State here challenges the trial court’s finding, maintaining that the disputed phrase should be given its plain and ordinary meaning. Defendant argues that the statute on which the charges against him are based is vague and that he was not provided adequate notice of what actions were proscribed. In particular, defendant takes exception to the failure of the Wildlife Code to define the phrase “engaging in the business of taxidermy” and contends that this failure renders section 3.21 of the Code invalid on its face.

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Cite This Page — Counsel Stack

Bluebook (online)
561 N.E.2d 667, 138 Ill. 2d 204, 149 Ill. Dec. 297, 1990 Ill. LEXIS 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-taylor-ill-1990.