{
  "id": 2823419,
  "name": "The People of the State of Illinois, Defendant in Error, vs. Vito Zaccagnini, Plaintiff in Error",
  "name_abbreviation": "People v. Zaccagnini",
  "decision_date": "1963-11-26",
  "docket_number": "No. 37673",
  "first_page": "408",
  "last_page": "410",
  "citations": [
    {
      "type": "official",
      "cite": "29 Ill. 2d 408"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "2 Ill.2d 186",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
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        12124159
      ],
      "opinion_index": 0,
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    {
      "cite": "8 Ill.2d 78",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2715396
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      "opinion_index": 0,
      "case_paths": [
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    {
      "cite": "15 Ill.2d 344",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
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        2766382
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    {
      "cite": "17 Ill.2d 615",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "opinion_index": 0
    },
    {
      "cite": "24 Ill.2d 93",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
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        2799906
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      "opinion_index": 0,
      "case_paths": [
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    {
      "cite": "24 Ill.2d 295",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2803753
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/24/0295-01"
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  ],
  "analysis": {
    "cardinality": 228,
    "char_count": 2591,
    "ocr_confidence": 0.791,
    "pagerank": {
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    "word_count": 446
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  "last_updated": "2023-07-14T19:18:19.423812+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. Vito Zaccagnini, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice House\ndelivered the opinion of the court:\nAn indictment was returned against defendant, Vito Zaccagnini, in the circuit court of Winnebago County charging him with possessing, uttering and attempting to utter a forged check. A jury found him guilty on the counts charging possessing and uttering and the court sentenced him to confinement in the penitentiary for a term of 3 to 7 years. A writ of error has been issued to review the conviction.\nWe agree with defendant\u2019s contention that the trial court\u2019s conduct deprived him of a fair trial. A reading of the record leaves no doubt that the trial judge harbored feelings of hostility and prejudice against defendant and his counsel. We will not, except for two examples which occurred before the jury, detail the number of occasions during which these feelings were exhibited both within and outside the presence of the jury.\nAfter one of the People\u2019s witnesses had failed to identify defendant, the trial judge pointed a finger at defendant and said to the witness, \u201cI am asking you directly, is this man over here one of the men who was in your shop?\u201d The witness answered \u201cYes.\u201d Defendant\u2019s counsel immediately moved for a mistrial which was denied.\nAfter the only witness for the defense had testified that he found some credit cards on a corner in Chicago, the judge stated, \u201cNow let us not play marbles. You know where you found [them] or you don\u2019t know, and don\u2019t lie.\u201d The witness said he was not lying and that he had made the same statement to the Federal Bureau of Investigation, to which the judge replied, \u201cI don\u2019t care what statement you made to the F.B.I., we are going to get the truth here.\u201d He then asked the witness if he understood the sanctity of an oath and what perjury is.\nSuch conduct by a trial judge is prejudicial error. (See People v. Lewerenz, 24 Ill.2d 295; People v. Santucci, 24 Ill.2d 93; People v. Finn, 17 Ill.2d 615; People v. Thomas, 15 Ill.2d 344; People v. Riggins, 8 Ill.2d 78; People v. Coli, 2 Ill.2d 186.) The judgment of the circuit court of Winnebago County is reversed and the cause is remanded for a new trial.\nReversed and remanded.",
        "type": "majority",
        "author": "Mr. Justice House"
      }
    ],
    "attorneys": [
      "Frank W. Oliver, of Chicago, for plaintiff in error.",
      "William G. Clark, Attorney General, of Springfield, and William R. Nash, State\u2019s Attorney, of Rockford, (Fred G. Leach and E. Michael O\u2019Brien, Assistant Attorneys General, and John W. Nielsen, Assistant State\u2019s Attorney, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "(No. 37673.\nThe People of the State of Illinois, Defendant in Error, vs. Vito Zaccagnini, Plaintiff in Error.\nOpinion filed November 26, 1963.\nFrank W. Oliver, of Chicago, for plaintiff in error.\nWilliam G. Clark, Attorney General, of Springfield, and William R. Nash, State\u2019s Attorney, of Rockford, (Fred G. Leach and E. Michael O\u2019Brien, Assistant Attorneys General, and John W. Nielsen, Assistant State\u2019s Attorney, of counsel,) for the People."
  },
  "file_name": "0408-01",
  "first_page_order": 414,
  "last_page_order": 416
}