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eBook details

• Title: People v. Calhoun
• Author : Illinois Appellate Court — First District (5Th Division) Judgment Affirmed
• Release Date : January 03, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Following a jury trial, defendant was convicted of attempted murder, armed robbery and aggravated battery. (Ill. Rev. Stat. 1983, ch. 38, pars. 8-4, 18-2 and 12-4, respectively.) The trial court merged the aggravated battery and attempted murder convictions and sentenced defendant to concurrent terms of 15 years for attempted murder and armed robbery. Defendant appeals, contending that: (1) the trial court erred in denying his motion to quash arrest and suppress his confession; (2) the trial court erred in allowing the State to introduce evidence of a separate crime; (3) the trial court erred in denying his motion in limine which sought to prevent the State from informing the jury that the victim is a Chicago alderman; (4) the trial court erred in denying his motion for a mistrial predicated upon the State's detailed account of the separate crime during its opening statement; (5) his admissions were not sufficient to establish his guilt beyond a reasonable doubt; and (6) the State's comments during closing argument regarding his failure to call his co-offenders to the stand prejudiced him and denied him a fair trial. We affirm. The case at bar concerns charges brought against defendant under the theory of accountability for offenses committed against Frank Brady during the early morning hours of March 8, 1979 (Brady incident). In order to prove defendant's intent to promote or to facilitate the Brady incident, the State introduced testimony to show the common scheme, design and motive of the offenses committed against Brady and those committed a few hours earlier against Joseph Oswald (Oswald incident). Defendant was initially implicated in both incidents by his co-offenders and subsequently confessed to his involvement.

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