{ "id": 2910030, "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. SAMUEL SAIKEN, Appellant", "name_abbreviation": "People v. Saiken", "decision_date": "1971-10-04", "docket_number": "No. 43004", "first_page": "504", "last_page": "515", "citations": [ { "type": "official", "cite": "49 Ill. 2d 504" } ], "court": { "name_abbreviation": "Ill.", "id": 8772, "name": "Illinois Supreme Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "32 Ill. 2d 591", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2841557 ], "opinion_index": 0, "case_paths": [ "/ill-2d/32/0591-01" ] }, { "cite": "14 Ill.2d 95", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2769106 ], "pin_cites": [ { "page": "97" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/14/0095-01" ] }, { "cite": "33 Ill.2d 417", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2882811 ], "pin_cites": [ { "page": "424" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/33/0417-01" ] }, { "cite": "151 N.E. 427", "category": "reporters:state_regional", "reporter": "N.E.", "opinion_index": 0 }, { "cite": "197 Ind. 539", "category": "reporters:state", "reporter": "Ind.", "case_ids": [ 1508287 ], "opinion_index": 0, "case_paths": [ "/ind/197/0539-01" ] }, { "cite": "150 N.E. 50", "category": "reporters:state_regional", "reporter": "N.E.", "opinion_index": 0 }, { "cite": "197 Ind. 179", "category": "reporters:state", "reporter": "Ind.", "case_ids": [ 1508305 ], "opinion_index": 0, "case_paths": [ "/ind/197/0179-01" ] }, { "cite": "27 Ill. 2d 542", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5359501 ], "pin_cites": [ { "page": "544" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/27/0542-01" ] }, { "cite": "29 Ill.2d 68", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2823645 ], "pin_cites": [ { "page": "70" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/29/0068-01" ] }, { "cite": "45 Ill.2d 148", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2896259 ], "pin_cites": [ { "page": "152, 153" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/45/0148-01" ] }, { "cite": "42 Ill. 2d 42", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2847508 ], "pin_cites": [ { "page": "45" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/42/0042-01" ] }, { "cite": "393 U.S. 410", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 11317375 ], "weight": 6, "pin_cites": [ { "page": "419" }, { "page": "645" }, { "page": "425" }, { "page": "649" } ], "opinion_index": 0, "case_paths": [ "/us/393/0410-01" ] }, { "cite": "403 U.S. 573", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 12027357 ], "weight": 6, "pin_cites": [ { "page": "732" }, { "page": "734" } ], "opinion_index": 0, "case_paths": [ "/us/403/0573-01" ] }, { "cite": "378 U.S. 108", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6165107 ], "weight": 6, "pin_cites": [ { "page": "111" }, { "page": "726" }, { "page": "114" }, { "page": "729" } ], "opinion_index": 0, "case_paths": [ "/us/378/0108-01" ] }, { "cite": "367 U.S. 643", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 1785580 ], "weight": 3, "opinion_index": 0, "case_paths": [ "/us/367/0643-01" ] }, { "cite": "364 U.S. 206", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6165005 ], "weight": 3, "opinion_index": 0, "case_paths": [ "/us/364/0206-01" ] }, { "cite": "68 S.Ct. 222", "category": "reporters:federal", "reporter": "S. Ct.", "case_ids": [ 365313 ], "opinion_index": 0, "case_paths": [ "/us/332/0581-01" ] }, { "cite": "92 L.Ed. 210", "category": "reporters:federal", "reporter": "L. Ed.", "opinion_index": 0 }, { "cite": "322 U.S. 581", "category": "reporters:federal", "reporter": "U.S.", "opinion_index": 0 }, { "cite": "357 U.S. 301", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6162465 ], "weight": 3, "opinion_index": 0, "case_paths": [ "/us/357/0301-01" ] }, { "cite": "374 U.S. 23", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 8495 ], "weight": 3, "opinion_index": 0, "case_paths": [ "/us/374/0023-01" ] }, { "cite": "369 F.2d 217", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 2053119 ], "pin_cites": [ { "page": "220" } ], "opinion_index": 0, "case_paths": [ "/f2d/369/0217-01" ] }, { "cite": "372 F.2d 63", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 2043636 ], "year": 1966, "pin_cites": [ { "page": "65" } ], "opinion_index": 0, "case_paths": [ "/f2d/372/0063-01" ] }, { "cite": "412 F.2d 374", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 2187805 ], "year": 1967, "pin_cites": [ { "page": "377" } ], "opinion_index": 0, "case_paths": [ "/f2d/412/0374-01" ] }, { "cite": "413 Ill. 595", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5313588 ], "pin_cites": [ { "page": "597" } ], "opinion_index": 0, "case_paths": [ "/ill/413/0595-01" ] }, { "cite": "97 Ill.App.2d 139", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 2477343 ], "opinion_index": 0, "case_paths": [ "/ill-app-2d/97/0139-01" ] }, { "cite": "43 Ill.2d 1", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2844462 ], "opinion_index": 0, "case_paths": [ "/ill-2d/43/0001-01" ] }, { "cite": "443 S.W.2d 720", "category": "reporters:state_regional", "reporter": "S.W.2d", "case_ids": [ 10149423 ], "opinion_index": 0, "case_paths": [ "/sw2d/443/0720-01" ] }, { "cite": "80 S.Ct. 725", "category": "reporters:federal", "reporter": "S. Ct.", "case_ids": [ 6163485, 6163782 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/us/362/0257-01", "/us/362/0309-01" ] }, { "cite": "362 U.S. 257", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6163485 ], "weight": 4, "pin_cites": [ { "page": "271" }, { "page": "708" } ], "opinion_index": 0, "case_paths": [ "/us/362/0257-01" ] }, { "cite": "88 N.E.2d 148", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "227 Ind. 619", "category": "reporters:state", "reporter": "Ind.", "case_ids": [ 1709546 ], "opinion_index": 0, "case_paths": [ "/ind/227/0619-01" ] }, { "cite": "231 N.E.2d 227", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "249 Ind. 191", "category": "reporters:state", "reporter": "Ind.", "case_ids": [ 1785224 ], "opinion_index": 0, "case_paths": [ "/ind/249/0191-01" ] }, { "cite": "240 N.E.2d 60", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "251 Ind. 172", "category": "reporters:state", "reporter": "Ind.", "case_ids": [ 1786264 ], "opinion_index": 0, "case_paths": [ "/ind/251/0172-01" ] } ], "analysis": { "cardinality": 995, "char_count": 19726, "ocr_confidence": 0.866, "pagerank": { "raw": 1.1517528741491655e-06, "percentile": 0.9867106151748616 }, "sha256": "3ba3ccdd7ae005c8f8a0f70cd1111420b5e2ab061a27d6cc0e3be051787e2483", "simhash": "1:ca6ecbbc7bb6aa3d", "word_count": 3337 }, "last_updated": "2023-07-14T21:33:39.989022+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. SAMUEL SAIKEN, Appellant." ], "opinions": [ { "text": "MR. JUSTICE DAVIS\ndelivered the opinion of the court:\nThe defendant, Samuel Saiken, was indicted by the circuit court of Cook County for the crimes of murder and conspiracy to obstruct justice. A jury returned a verdict of not guilty on the murder charge and guilty on the charge of conspiracy to obstruct justice.\nThe defendant claims that the search which lead to the discovery of the body of the victim was improper and in violation of constitutional and statutory provisions; that the jury verdict was against the manifest weight of the evidence; and that the trial court abused its discretion in denying probation and in sentencing him to the penitentiary for a term of not less that 2 nor more than 3 years.\nThe defendant was indicted for murdering Ella Jean Scott, also known as Tina Mumma, and for conspiring with his son, Joel Saiken, to obstruct justice by concealing the victim\u2019s body in a steel drum and burying it on his farm in Chesterton, Indiana.\nThe victim was a friend of both the defendant and his son. The defendant testified that he met her at O\u2019Hare Airport on November 4, 1967, and that they drove to the defendant\u2019s farm in Chesterton, Indiana, where they picked up Joel, the defendant\u2019s son, and the three of them, along with the victim\u2019s cat, then returned to the defendant\u2019s warehouse, in Chicago; that when they arrived at the warehouse, Joel and the victim went in, but Joel returned alone after five minutes; that shortly thereafter, Joel admitted that he had killed Mrs. Mumma. The defendant denied that he in any manner conspired to obstruct justice.\nJoel testified that he never saw the victim alive on November 4 or 5; that he had been at the farm in Chesterton; and that his father had gone to O\u2019Hare Airport to meet Mrs. Mumma. He further stated that his father came back-alone the next day, and admitted to him that he (the father) had killed Mrs. Mumma; that he and the defendant then went to the warehouse and placed the victim\u2019s body in a steel drum; that the defendant then asked him to bury the body on the farm; and that he buried the body behind the goose barn on the eastern side of the farm.\nThe defendant\u2019s version was corroborated by a gas station attendant, who had seen the defendant, Joel, the victim and the cat, at, and about, his service station while minor repair work was done on the defendant\u2019s car at about '2 A.M. on November 5.\nAt the hearing on the motion to suppress evidence, Officer Young, on whose affidavit the search warrant was issued, testified that on the evening of February 18, 1969, he had a conversation with the defendant\u2019s son, Joel, for about one and one-half hours; that Joel told him that he had buried the body on the farm under a manure pile behind the goose barn; and that the victim had died from a gunshot wound.\nAs a result of this information, Officer Harry Young obtained a search warrant on February 19, 1969, and made a search for the body. He dug near the goose bam for about two hours. The ground was frozen hard and he was unable to find the body. That evening he again talked to Joel, who further pinpointed the location of the body. The next day, Officer Young returned to the spot behind the goose barn and continued the excavation at the place where he had been digging the day before, and about 4 hours later he found the body.\nThe defendant contends that the affidavit of Officer Young on which the search warrant was issued, was insufficient in that it was based upon hearsay. The affidavit, subscribed to before Harry W. Estler, Justice of the Peace, stated:\n\u201cHARRY YOUNG swears that by virtue of information voluntarily conveyed to him by one JOEL SAIKIN on Tuesday, the 18th day of February, 1969, affiant has good reasons to believe, and does believe, that a dead human body, to-wit: a white, female approximately seventeen (17) years of age is secreted in and about the following real estate in Porter County, Indiana:\nThe East Vz of the Southeast 14 of the Southwest 14 of Section 17, Township 37 North, Range 5 West of the Second Principal Meridian, containing about 20 acres more or less,\nsaid real estate being the property of Sam D. and Minnie Saikin, said dead body being secreted in the following place and manner, to-wit: buried beneath the ground behind the goose house on said premises, originally buried under or near a manure pile located behind or near the goose house on said premises, said manure pile subsequent thereto having been removed.\n\u201cUnder and according to the provisions of Acts 1905,\npage 169, paragraph 61, the same being codified as Burns Indiana Statutes 9 \u2014 607, that the Honorable Judge of this Court, taking with him such constables and police officers as he shall designate, enter, inspect and search said premises for such dead female human body as soon as may be reasonably convenient to said Court and said judge.\u201d\nThe courts of the State of Indiana have held that an affidavit based upon hearsay information and conclusions of the affiant is insufficient to show probable cause and will not support the issuance of a search warrant. (Johns v. State, 251 Ind. 172, 240 N.E.2d 60; McCurry v. State, 249 Ind. 191, 231 N.E.2d 227; Rohlfing v. State, 227 Ind. 619, 88 N.E.2d 148.) In McCurry, the court acknowledged that its rule as to the sufficiency of an affidavit to support the issuance of a search warrant \u2014 that hearsay will not support the issuance of a search warrant \u2014 is not the rule as announced by the United States Supreme Court in Jones v. United States, 362 U.S. 257, 4 L.Ed.2d 697, 80 S.Ct. 725.\nThese circumstances give rise to the question of whether an Illinois circuit court in a prosecution before it should suppress evidence gained from a search in Indiana, which was illegal there because based upon hearsay information contained in the affidavit supporting the search warrant.\nIn Burge v. State (Tex.Crim.App. 1969), 443 S.W.2d 720, the defendant, an Oklahoma resident, was accused of burglary and attempted rape in Texas. While he was in custody, his wife agreed to allow police officers to search their Oklahoma home without a search warrant. Under Oklahoma law each spouse has a personal right to demand a search warrant prior to a search of the marital residence. The search, conducted without the defendant\u2019s consent, revealed crucial incriminating evidence against him, which was admitted at the Texas trial. On appeal, he contended that the trial court erred in admitting this evidence. The State urged that this was an evidentiary question, procedural in nature, and hence was governed by the laws of Texas, which recognized interspousal authority to consent to the search. The reviewing court affirmed the trial court and held that the Texas-0klahoma conflict was primarily upon the issue of the admissibility of evidence \u2014 one of procedure, and that the law of the forum governed.\nTraditional conflict principles prescribe that issues of clearly procedural nature are governed by the internal laws of the forum, whereas substantive matters are controlled by the laws of the State where the transaction occurred.\nConflicting State views concerning the scope of the fourth amendment and of the additional rights granted to a party by a State, present a novel situation in the area of conflict of laws. The doctrine of lex loci delicti has been extensively criticized and there has been a propensity to replace it by a more flexible rule, i.e., the rule of \u201csignificant relationship\u201d embodied in tentative draft No. 9 of section 379, Reinstatement of the Law, Second, Conflict of Laws (1964). See Graham v. U.S. Grant Post, 43 Ill.2d 1 and 97 Ill.App.2d 139, and cases cited therein. If the problem here presented is considered from the procedural-substance viewpoint, the evidence was properly admitted. (People v. Kirkpatrick, 413 Ill. 595, 597; Restatement, Conflict of Laws, sections 595, 597.) Evidentiary questions are generally governed by the laws of the forum. If the conflict concerning the choice of law encompassed the preliminary issue of whether the evidence was wrongfully obtained, a substantive matter, then from the viewpoint of \u201csignificant relationship\u201d or \u201ccenter of gravity\u201d rules, the significant contacts were with Illinois. The crime was committed in Illinois; it was being prosecuted there; the defendant was a resident and citizen of Illinois; the great majority of the witnesses, who would testify at the trial, were Illinois residents; Indiana had no vital contact with the crime; and the application of Illinois evidentiary law would not offend the comity of interstate relationships between Indiana and Illinois.\nIn United States v. Teller, (7th cir. 1969) 412 F.2d 374, 377; United States v. Martin, (7th cir. 1967) 372 F.2d 63, 65; and in United States v. Jones, (7th cir. 1966) 369 F.2d 217, 220, the court held that evidence gained by eavesdropping, illegal under Illinois law, (Ill.Rev.Stat. 1965, ch. 38, par. 14 \u2014 1 et seq.) was admissible in Federal prosecutions. These decisions rest on the premise that Federal courts are only required to follow Federal standards when Federal questions are adjudicated, regardless of whether such standards violate any additional rights granted to a party by a State.\nKer v. California, 374 U.S. 23, 10 L.Ed.2d 726, 83 S.Ct. 1623; Miller v. United States, 357 U.S. 301, 2 L.Ed.2d 1332, 78 S.Ct. 1190; and United States v. Di Re, 322 U.S. 581, 92 L.Ed. 210, 68 S.Ct. 222, while not in point, would seem to indicate that where a conflict occurs between the standards of two jurisdictions, there is no constitutional barrier, other than the fourth amendment, which precludes one jurisdiction from refusing to honor the standards of another relative to the validity of an arrest or search.\nIn Elkins v. United States, 364 U.S. 206, 4 L.Ed.2d 1669, 80 S.Ct. 1437, the court held that evidence obtained by State officers in a search which, if conducted by Federal officers, would have violated the defendant\u2019s rights under the fourth amendment, was inadmissible, over the defendant\u2019s objection, in a Federal prosecution. This exclusionary rule was applied before the application of the fourth amendment to the States and the establishment of the general exclusionary rule in Mapp v. Ohio, 367 U.S. 643, 6 L.Ed.2d 1081, 81 S.Ct. 1684. Under this rationale, the standards for the validity of a search may vary from State to State so long as they do not violate Federal constitutional standards.\nThus under either constitutional or choice of law principles, the evidence in question was admissible in Illinois, if the Indiana search met with the requirements of the fourth amendment.\nUnder the requisites of the fourth amendment, the matters presented in the affidavit in support of the warrant must be adequate to enable the magistrate to form an independent conclusion as to whether from the facts and underlying circumstances presented to him under oath, probable cause exists for the issuance of the warrant. However, reviewing courts will more readily accept the judicial determination of a magistrate with reference to probable cause and will uphold his issuance of a warrant on evidence of a less persuasive character than would have justified an officer acting on his own determination and without a warrant. (Aguilar v. Texas, 378 U.S. 108, 111, 12 L.Ed.2d 723, 726, 84 S.Ct. 1509.) Because of the preference for informed and deliberate determinations of magistrates over perhaps hurried actions of officers in making searches incidental to arrests, the affidavits are to be tested in a common sense and realistic manner and with great deference to the magistrate\u2019s determination of probable cause. United States v. Harris, 403 U.S. 573, 29 L.Ed.2d 723, 730\u2014 732; Spinelli v. United States, 393 U.S. 410, 419, 21 L.Ed.2d 637, 645, 89 S.Ct. 584; People v. Parker, 42 Ill. 2d 42, 45.\nThe United States Supreme Court has held that hearsay information set forth in an affidavit, may be sufficient to support the issuance of a search warrant, as long as the affidavit contains a substantial basis to support the credibility of the hearsay information. (United States v. Harris, 403 U.S. 573, 29 L.Ed.2d 723, 732; Jones v. United States, 362 U.S. 257, 271, 4 L.Ed.2d 697, 708, 80 S.Ct. 725.) We have adhered to that rule. People v. Mitchell, 45 Ill.2d 148, 152, 153; People v. York, 29 Ill.2d 68, 70; People v. Williams, 27 Ill. 2d 542, 544.\nIn Aguilar, the court said that for hearsay to justify the issuance of a warrant, the affidavit must set forth some underlying circumstances tending to substantiate the informant\u2019s conclusions and some underlying circumstances from which it could be believed that the informant\u2019s information was credible or reliable. 378 U.S. 108, 114, 12 L.Ed.2d 723, 729, 84 S.Ct. 1509. .\nIn Spinelli v. United States, 393 U.S. 410, 425, 21 L.Ed.2d 637, 649, 89 S.Ct. 584, Mr. Justice White, in a separate concurring opinion stated: \u201cIf the affidavit rests on hearsay \u2014 an informant\u2019s report \u2014 what is necessary under Aguilar is one of two things: the informant must declare either (1) that he has himself seen or perceived the fact or facts asserted; or (2) that his information is hearsay, but there is good reason for believing it \u2014 perhaps one of the usual grounds for crediting hearsay information. The first presents few problems: since the report, although hearsay, purports to be firsthand observation, remaining doubt centers on the honesty of the informant, and that worry is dissipated by the officer\u2019s previous experience with the informant. The other basis for accepting the informant\u2019s report is more complicated. But if, for example, the informer\u2019s hearsay comes from one of the actors in the crime in the nature of admission against interest, the affidavit giving this information should be held sufficient.\u201d Also see United States v. Harris, 403 U.S. 573, 29 L.Ed.2d 723, 734.\nIn the case at bar, the informant, Joel Saiken, personally saw or perceived the facts asserted. He buried the body. A number of facts are recited as to the location of the body, and we have the first situation referred to by Mr. Justice White. The remaining question is whether there is a basis presented in the affidavit to suggest that the informant is honest in what he has said. The assertions of the informant \u2014 that he buried and hid a dead body-cons titutes an admission of his implication in a crime, which is sufficient to lend credence to what he has said. We believe there was substantial basis for crediting the hearsay information, and that the search warrant was properly issued upon the affidavit.\nThe defendant claims that even if the search warrant were valid, the search on the second day was an independent search, not pursuant to the original warrant. He refers us to McDaniel v. State, 197 Ind. 179, 150 N.E. 50, and Tongut v. State, 197 Ind. 539, 151 N.E. 427. However, we find that these cases are not applicable to the case at bar.\nIn executing the warrant, the officers commenced digging in search for the body but because the ground was frozen hard they were unable to complete the search the first day. Upon further pinpointing the burial location, they resumed the work of the search the following morning and found the body. They had proceeded with diligence, and their conduct the second day constituted a continuation of the initial search.\nSection 9 \u2014 607 of Burns Indiana Statutes, Ann. (Acts of 1905, ch. 169, sec. 61, p.584) provides that when an affidavit is filed before a justice of the peace or city judge alleging that a dead human body is hidden, such justice of the peace or city judge, taking with him a constable or police officer, may enter, inspect and search for such dead body \u201cand in making such search, they shall have the powers of officers executing search warrants.\u201d The search was conducted under the provisions of this section. The defendant claims that the search was improper because the justice of the peace, who went to the premises on the first day, did not return the second day. We have been unable to find any interpretation of this section of the statute by the Indiana courts. However, we do not believe that the statute can reasonably be interpreted to mean that the justice of the peace must remain on the premises during the entire search. The statute states that the justice of the peace shall take with him a constable or police officer and that \u201cthey\u201d shall have powers of officers executing search warrants. The word \u201cthey\u201d clearly refers to the officer as well as the justice of the peace. Inasmuch as the search on the second day was a continuation of the initial search, we find no greater basis for holding that the justice of the peace had to return to the site on the second day of the search than for finding that he had to remain on the premises during the entire period of the search on the first day. Neither such determination is required and we find the search to be a legal one.\nThe jury chose to disbelieve the version of events testified to by Joel regarding who actually committed the murder, but by its verdict, apparently it believed that part of his story relating, to the manner of disposing of the body. There was, of course, a great deal of self-interest in the matters testified to by Joel \u2014 especially as to who committed the murder. However, the conclusion reached by the jury is not so improbable or unreasonable, particularly in view ,of the defendant\u2019s vague testimony regarding the disposition of the body, that we should substitute our conclusion in its stead.\nThe defendant has urged that the verdicts were inconsistent. He was indicted in separate counts for the crimes of murder and conspiracy to obstruct justice. We cannot speculate as to why the jury found him not guilty of murder, but such finding did not invalidate the jury finding of guilty on the conspiracy charge. The evidence concerning such charge was sufficient to sustain the conviction. We find 'that the verdicts here were not inconsistent.\nThe sentence imposed by the trial court was within the limits prescribed by statute. Our power to reduce and modify sentences should be exercised with caution. Considering all of the elements of this case and the matters brought to the attention of the trial court, we do not find that the imposition of the penalty imposed by the court constituted a great departure from the fundamental law and its spirit and purpose, or that it was manifestly in excess of the proscription of section 11 of article II of the Illinois constitution. People v. Taylor, 33 Ill.2d 417, 424; People v. Smith, 14 Ill.2d 95, 97.\nThe granting of probation was within the discretion of the trial court. Its determination is subject to review to the extent of ascertaining whether the trial court did, in fact, exercise discretion or whether it acted in an arbitrary manner. (People v. Sims, 32 Ill. 2d 591] 596.) The scope of the judicial discretion is set forth in section 117 \u2014 1 of the Code of Criminal Procedure of 1963. (Ill.Rev.Stat. 1969, ch. 38, par. 117 \u2014 1.) In considering the matters pertinent to the defendant\u2019s conduct, to his rehabilitation and to the public interest, we do not believe that the trial court acted arbitrarily. Therefore, the judgment will be affirmed.\nJudgment affirmed.", "type": "majority", "author": "MR. JUSTICE DAVIS" } ], "attorneys": [ "JOHN J. O\u2019TOOLE and PETER GEORGES, both of Chicago, for appellant.", "WILLIAM J. SCOTT, Attorney General, of Springfield, EDWARD V. HANRAHAN, State\u2019s Attorney, of Chicago, (JAMES B. ZAGEL, Assistant Attorney General, of Chicago; ROBERT A. NOVELEE and ARTHUR L. BELKIND, Assistant State\u2019s Attorney, of counsel,) for the People." ], "corrections": "", "head_matter": "(No. 43004.\nTHE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. SAMUEL SAIKEN, Appellant.\nOpinion filed October 4, 1971.\nRehearing denied Nov. 24, 1971.\nJOHN J. O\u2019TOOLE and PETER GEORGES, both of Chicago, for appellant.\nWILLIAM J. SCOTT, Attorney General, of Springfield, EDWARD V. HANRAHAN, State\u2019s Attorney, of Chicago, (JAMES B. ZAGEL, Assistant Attorney General, of Chicago; ROBERT A. NOVELEE and ARTHUR L. BELKIND, Assistant State\u2019s Attorney, of counsel,) for the People." }, "file_name": "0504-01", "first_page_order": 516, "last_page_order": 527 }