{
  "id": 2856956,
  "name": "The People of the State of Illinois, Appellee, vs. James Armstrong, Appellant",
  "name_abbreviation": "People v. Armstrong",
  "decision_date": "1968-05-29",
  "docket_number": "No. 39742",
  "first_page": "567",
  "last_page": "568",
  "citations": [
    {
      "type": "official",
      "cite": "39 Ill. 2d 567"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "22 Ill. 2d 420",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2787729
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/22/0420-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 2359,
    "ocr_confidence": 0.777,
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    "sha256": "2cd91e03a17f74fd29222942169e98ae044b85216e93a5fa7c9bcd97071296ec",
    "simhash": "1:c3430b37f64acb98",
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  "last_updated": "2023-07-14T21:35:19.938370+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Appellee, vs. James Armstrong, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Schaefer\ndelivered the opinion of the court:\nOn December 30, 1959, a jury in the circuit court of Cook County found the defendant, James Armstrong, guilty of the statutory rape of his step-daughter, and fixed his punishment at imprisonment for a term of 50 years. The judgment entered on the verdict was affirmed on writ of error. 22 Ill. 2d 420.\nOn November 20, 1964, the defendant filed a post-conviction petition which charged that his conviction was secured by \u201cthe knowing and wilful use of testimony that was self-serving and perjured.\u201d The petition was dismissed upon the State\u2019s motion, and the defendant has appealed.\nExcerpts from the testimony of the prosecuting witness at the preliminary hearing which was held on March 30, 1959, and from her testimony at the trial on December 29, 1959, were attached to the defendant\u2019s post-conviction petition. The claim of knowing use of perjured testimony is based upon discrepancies in her testimony upon these two occasions. The first discrepancy relates to the testimonial capacity of the 14-year-old prosecuting witness. At the preliminary hearing she stated that if she \u201cdied telling lies\u201d she \u201cwouldn\u2019t go to heaven,\u201d while at the trial she testified that people who do not tell the truth \u201cget into trouble.\u201d The second discrepancy is that she testified at the preliminary hearing that the defendant had intercourse with her on March 25, 1959, while at the trial she testified that the last time \u201cthis happened\u201d was on March 23, 1959. At the trial she was asked whether the dates to which she then testified were the same as those to which she had testified at the preliminary hearing, and she answered, \u201cI think so.\u201d\nThe discrepancies relied upon by the defendant do not suggest perjury, and the judgment of the circuit court of Cook County is affirmed.\nMr. Justice Ward took no part in the consideration or decision of this case.",
        "type": "majority",
        "author": "Mr. Justice Schaefer"
      }
    ],
    "attorneys": [
      "Richard C. Bleloch, of Chicago, appointed by the court, for appellant.",
      "William G. Clark, Attorney General, of Springfield, and John J. Stamos, State\u2019s Attorney, of Chicago, (Fred G. Leach, Assistant Attorney General, and Elmer C. Kissane and Howard Levine, Assistant State\u2019s Attorneys, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "(No. 39742.\nThe People of the State of Illinois, Appellee, vs. James Armstrong, Appellant.\nOpinion filed May 29, 1968.\nWard, J., took no part.\nRichard C. Bleloch, of Chicago, appointed by the court, for appellant.\nWilliam G. Clark, Attorney General, of Springfield, and John J. Stamos, State\u2019s Attorney, of Chicago, (Fred G. Leach, Assistant Attorney General, and Elmer C. Kissane and Howard Levine, Assistant State\u2019s Attorneys, of counsel,) for the People."
  },
  "file_name": "0567-01",
  "first_page_order": 581,
  "last_page_order": 582
}