{ "id": 2738810, "name": "The People of the State of Illinois, Defendant in Error, vs. Arizono Minor, Plaintiff in Error", "name_abbreviation": "People v. Minor", "decision_date": "1960-12-01", "docket_number": "No. 35459", "first_page": "496", "last_page": "500", "citations": [ { "type": "official", "cite": "20 Ill. 2d 496" } ], "court": { "name_abbreviation": "Ill.", "id": 8772, "name": "Illinois Supreme Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "16 Ill.2d 459", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2760586 ], "opinion_index": 0, "case_paths": [ "/ill-2d/16/0459-01" ] }, { "cite": "15 Ill.2d 171", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2766546 ], "opinion_index": 0, "case_paths": [ "/ill-2d/15/0171-01" ] }, { "cite": "16 Ill.2d 82", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2762777 ], "pin_cites": [ { "page": "90" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/16/0082-01" ] }, { "cite": "287 Ill. 238", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 4945886 ], "pin_cites": [ { "page": "243" } ], "opinion_index": 0, "case_paths": [ "/ill/287/0238-01" ] }, { "cite": "347 Ill. 562", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5271637 ], "opinion_index": 0, "case_paths": [ "/ill/347/0562-01" ] }, { "cite": "402 Ill. 590", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2615850 ], "opinion_index": 0, "case_paths": [ "/ill/402/0590-01" ] } ], "analysis": { "cardinality": 409, "char_count": 5739, "ocr_confidence": 0.809, "pagerank": { "raw": 2.845846183711586e-07, "percentile": 0.8402885650862271 }, "sha256": "6fecad5137cdcadb8f3499fd36701baaf0c6d7e6a333e918c4aa425bd8b5fe98", "simhash": "1:ae23167e4232e7ea", "word_count": 963 }, "last_updated": "2023-07-14T21:35:17.161655+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "The People of the State of Illinois, Defendant in Error, vs. Arizono Minor, Plaintiff in Error." ], "opinions": [ { "text": "Mr. Justice Solfisburg\ndelivered the opinion of the court:\nThe defendant Arizono Minor was indicted together with one Claiborne for both robbery and armed robbery of Wade Batteast. Defendant was tried by a jury in the criminal court of Cook County and found guilty of robbery while unarmed. He was sentenced to 5 to 10 years in the penitentiary and brings this cause before us on writ of error.\nDefendant, who was represented by counsel in the trial court, appears before us pro se, and his brief and argument are not as clear as we might desire. We have, therefore, carefully examined the complete record to determine the facts of the case.\nDuring the trial Wade Batteast, the complaining witness, and Joseph Sanders, the arresting officer, testified on behalf of the People.\nBatteast testified that he boarded an eastbound Madison Street bus about 12 :og A.M. on June 30, 1937, in Chicago. He rode from Hoyne and Madison to Halsted and Madison where defendant, together with his codefendant Preston Claiborne, got on the bus. Batteast noticed that Minor wore a rust-colored shirt, pants with the cuffs rolled twice, and a straw hat. Claiborne sat in the seat behind Batteast, while Minor first sat in a seat across from Batteast, and then changed seats and sat beside him, although there were only about eight people on the bus at the time.\nBatteast felt a \u201csharp point\u201d on his neck, and while Claiborne searched him from behind, Minor took his wallet containing about $40 from his left-rear pocket.\nAs the bus reached Wacker Drive, the defendants got off. Batteast then talked with the bus driver and rode the bus back west to Austin Blvd. where he boarded another eastbound Madison Street bus. On the way back downtown, Batteast saw defendant and Claiborne get on the bus at Clark and Washington. Batteast then left the bus and proceeded to Randolph and Dearborn where he met Chicago police officer Joseph Sanders.\nSanders and Batteast talked to a bus driver and a subway cashier, and when they came to State and Washington they saw Minor and Claiborne waiting for a bus.\nSanders testified that he approached defendants, placed them under arrest, and asked Minor: \u201cI asked him if he had taken that man\u2019s wallet, and he says no. And at that time I said \u2018Well the man claims you did.\u2019 He says \u2018How much did that boy say he had in his wallet ?\u2019 I says, \u2018$40.00\u2019 He said, \u2018He didn\u2019t have anywhere near that much.\u2019 He said, \u2018But I will give him $40.00 and give you something for your trouble if you won\u2019t call the wagon.\u2019 \u201d Batteast then joined the group, and Sanders told Minor: \u201c\u2018Then you admit you took the wallet.\u2019 And he says, \u2018Try and prove it.\u2019 \u201d\nClaiborne and Minor were then taken to the police station where a search of Minor revealed $107 in currency. Sanders had taken a small knife from Minor on the street.\nJames Kane, a deputy clerk of the municipal court of Chicago, testified that the defendants subsequently appeared in felony court, for arraignment.\nDefendant Minor contends that he was denied due process of law; that he was twice placed in jeopardy; that the indictment was void; that he was not proved guilty beyond a reasonable doubt; that the conduct of the court and the State\u2019s Attorney was prejudicial, and that the instructions were erroneous.\nDefendant\u2019s complaint of deprivation of due process apparently is based on events alleged to have taken place after the arrest and at the preliminary hearing. These complaints are without any basis in the record before us and, therefore, cannot be considered. Defendant\u2019s novel argument that he was placed in double jeopardy because he was tried on a two-count indictment and found guilty on the lesser charge is likewise without merit. People v. Gray, 402 Ill. 590; People v. Montgares, 347 Ill. 562; 21 I.L.P. pp. 403-407, sec. 73.\nWe have also examined the indictment and we find it in proper form. The possible variance between the first name Arizon, as the indictment charges, and Arizono, as defendant calls himself is not fatal. People v. Goldberg, 287 Ill. 238, 243.\nThe entire record fails to indicate a single instance of prejudicial misconduct by either the trial judge or the State\u2019s Attorney. The record indicates no objection to the instructions, and this ground for reversal is, therefore, waived, as we have examined all the instructions and fail to find any substantial defect therein. Ill. Rev. Stat. 1959, chap, 110 par. 101.25.\nDefendant\u2019s argument with regard to the sufficiency of the evidence to convict is apparently based upon minor discrepancies in the testimony with regard to a knife, and the improbability of Batteast\u2019s testimony. We have carefully reviewed the testimony of Batteast and we are convinced that it was positive and credible and therefore sufficient to convict. (People v. Pride, 16 Ill.2d 82, 90; People v. West, 15 Ill.2d 171.) Moreover the defendant\u2019s statements to the arresting officer were admissions indicative of guilt. (People v. Stanton, 16 Ill.2d 459.) The lack of evidence as to the use of a knife is irrelevant here, as the jury found defendant guilty only of robbery while unarmed.\nAfter full consideration, we find the entire record free from prejudicial error, and fully sufficient to sustain the conviction. The judgment of the trial court must accordingly be affirmed.\nJudgment affirmed.", "type": "majority", "author": "Mr. Justice Solfisburg" } ], "attorneys": [ "Arizono Minor, pro se.", "William L. Guild, Attorney General, of Springfield, and Benjamin S. Adamowski, State\u2019s Attorney, of Chicago, (Fred G. Leach, Assistant Attorney General, and Francis X. Riley, and James R. Thompson, Assistant State\u2019s Attorneys, of counsel,) for the People." ], "corrections": "", "head_matter": "(No. 35459.\nThe People of the State of Illinois, Defendant in Error, vs. Arizono Minor, Plaintiff in Error.\nOpinion filed December 1, 1960.\nArizono Minor, pro se.\nWilliam L. Guild, Attorney General, of Springfield, and Benjamin S. Adamowski, State\u2019s Attorney, of Chicago, (Fred G. Leach, Assistant Attorney General, and Francis X. Riley, and James R. Thompson, Assistant State\u2019s Attorneys, of counsel,) for the People." }, "file_name": "0496-01", "first_page_order": 496, "last_page_order": 500 }