{ "id": 2581116, "name": "People of the State of Illinois, Plaintiff-Appellee, v. Robert Pearson, Defendant-Appellant", "name_abbreviation": "People v. Pearson", "decision_date": "1966-09-13", "docket_number": "Gen. No. 50,553", "first_page": "400", "last_page": "406", "citations": [ { "type": "official", "cite": "74 Ill. App. 2d 400" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "263 Ill 564", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 4763420 ], "opinion_index": 0, "case_paths": [ "/ill/263/0564-01" ] }, { "cite": "177 NE2d 126", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1961, "opinion_index": 0 }, { "cite": "23 Ill2d 13", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2798065 ], "year": 1961, "opinion_index": 0, "case_paths": [ "/ill-2d/23/0013-01" ] }, { "cite": "74 NE2d 685", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "397 Ill 620", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2463142 ], "opinion_index": 0, "case_paths": [ "/ill/397/0620-01" ] }, { "cite": "153 NE 2d 557", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "14 Ill2d 605", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2768826 ], "opinion_index": 0, "case_paths": [ "/ill-2d/14/0605-01" ] }, { "cite": "128 NE2d 217", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "5 Ill2d 414", "category": "reporters:state", "reporter": "Ill. 2d", "opinion_index": 0 }, { "cite": "204 NE2d 777", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1965, "opinion_index": 0 }, { "cite": "55 Ill App2d 270", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 5284488 ], "year": 1965, "opinion_index": 0, "case_paths": [ "/ill-app-2d/55/0270-01" ] }, { "cite": "213 NE2d 278", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1966, "opinion_index": 0 }, { "cite": "33 Ill2d 535", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2883009 ], "year": 1966, "opinion_index": 0, "case_paths": [ "/ill-2d/33/0535-01" ] }, { "cite": "212 NE2d 97", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1965, "opinion_index": 0 }, { "cite": "33 Ill2d 527", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2882681 ], "year": 1965, "opinion_index": 0, "case_paths": [ "/ill-2d/33/0527-01" ] } ], "analysis": { "cardinality": 597, "char_count": 10980, "ocr_confidence": 0.609, "pagerank": { "raw": 1.2345877655261835e-07, "percentile": 0.6064388309897604 }, "sha256": "d8dccad61c9e32eaa392242b350d2904bfddac24ca21e24f7fd428fbafd8a43f", "simhash": "1:8fb66f35572847dd", "word_count": 1867 }, "last_updated": "2023-07-14T19:21:29.887226+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "People of the State of Illinois, Plaintiff-Appellee, v. Robert Pearson, Defendant-Appellant." ], "opinions": [ { "text": "MR. JUSTICE LYONS\ndelivered the opinion of the court.\nThis is an appeal from a conviction for arson, after a bench trial, with sentence in the Illinois State Penitentiary for a period of twelve (12) to twenty (20) years.\nOn August 26, 1964, at approximately 2:00 p. m., the building located at 3639 South State Street caught fire. On January 13, 1965, defendant waived a jury and was tried on a charge of arson. Mr. Morris, who had a store located in that building, testified that prior to the fire he saw defendant enter the building with a can.\nWinston Cater stated that he saw defendant come out of the building; that he accused defendant of setting the place on fire; that defendant replied \u201cI don\u2019t give a . . . .\u201d and when Cater said \u201cSuppose my kids burn up there?\u201d defendant said, \u201cI burn them up too.\u201d\nOfficer Cephas testified that he arrested defendant in a truck, which was parked in the rear of the burned building ; that defendant appeared to be sleeping; and that, in his opinion, defendant was under the influence of intoxicating liquor.\nOfficer Niehoff testified that he questioned defendant at approximately 6:30 p. m. on August 26, 1964; that at that time defendant admitted being in the vicinity of the building but denied that he was in the building proper; and that in his opinion defendant was under the influence of intoxicating liquor.\nDefendant testified that he had drunk that morning; that he did not have much to drink \u2014 not enough to get drunk; that he estimated the amount to be one-half pint of whiskey; that he was near the building talking to Winston and Jesse Johnson; that he was standing there looking with everyone else when the fire started; and that he did not commit the offense of arson.\nAfter hearing all the testimony, the trial court found defendant guilty of arson, and then stated:\nWhere a person gets intoxicated it is no defense to a crime. If it were why a person could get intoxicated, go out and kill people and say, well I didn\u2019t know what I was doing, I was intoxicated. This type of crime, intoxication, is no defense to the crime of arson.\nIn aggravation the State showed three misdemeanor convictions: (1) assault with a deadly weapon, 90 days, House of Correction; (2) tampering with an auto, one year, House of Correction; (3) petty larceny, one year, House of Correction. It was further pointed out that one Eugene Patterson lost his life in the fire. Defendant was sentenced and appeals from that judgment.\nDefendant\u2019s theory of the case is (1) that the indictment was insufficient in that it failed to state the address of the property which was the alleged subject of arson, and (2) that the evidence failed to prove him guilty beyond all reasonable doubt.\nWe disagree with defendant\u2019s first contention. The indictment was sufficiently definite to apprise the defendant as to the nature of the charge and enable him to prepare his defense. The case at bar falls directly within the application of the Supreme Court\u2019s opinions in People v. Blanchett, 33 Ill2d 527, 212 NE2d 97 (1965) and People v. Reed, 33 Ill2d 535, 213 NE2d 278 (1966).\nThe applicable statutory provision to be applied in response to defendant\u2019s second contention is found in section 20-1 of the Criminal Code, Ill Rev Stats (1965) chap 38, par 20-1, and reads as follows:\n20-1. \u00a7 20-1. Arson. A person commits arson when:\n(a) By means of fire or explosive, he knowingly;\n(1) Damages any building of another without his consent; or\n(2) Damages any vehicle, aircraft, or watercraft of another designed for use as a dwelling without his consent; or\n(3) With intent to defraud an insurer, damages any building, vehicle, aircraft or watercraft designed for use as a dwelling.\n(b) By means of explosives, he knowingly damages any property of another without his consent.\nA building or property \u201cof another\u201d means a building or property in which a person other than the offender has an interest which the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property.\nUnder the above section, the legislature required that the acts must be done knowingly. The crime of arson, therefore, requires the mental state defined in section 4-5 of the Criminal Code, Ill Rev Stats (1965) chap 38, par 4-5, which states as follows:\n'4-5. \u00a7 4-5. Knowledge. A person knows, or acts knowingly or with knowledge of:\n(a) The nature or attendant circumstances of his conduct, described by the statute defining the offense, when he is consciously aware that his conduct is of such nature or that such circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that such fact exists.\n(b) The result of his conduct, described by the statute defining the offense, when he is consciously aware that such result is practically certain to be caused by his conduct.\nConduct performed knowingly or with knowledge is performed wilfully within the meaning of a statute using the latter term, unless the statute clearly requires another meaning.\nDefendant contends that he did not have the necessary mental state to commit arson in that the evidence presented at the trial shows that he was intoxicated. Chap 38, sec 6-3 of the Criminal Code, Ill Rev Stats (1965) chap 38, par 6-3, reads as follows:\nA person who is in an intoxicated or drugged condition is criminally responsible for conduct unless such condition either:\n(a) Negatives the existence of a mental state which is an element of the offense; or\n(b) Is involuntarily produced and deprives him of substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.\nSince there is nothing in the record to indicate that the intoxication was involuntary, the only defense would be that type of intoxication found under subsection (a). Defendant\u2019s contention that he was \u201cseverely\u201d intoxicated and that this negated the existence of a mental state which is an element of the defense to the charge of arson, is not supported by the testimony of the witnesses. They only testified, that in their opinion, he was \u201cintoxicated\u201d or \u201cunder the influence of intoxicating liquor.\u201d No one testified that he was \u201cseverely intoxicated\u201d or \u201cextremely drunk.\u201d The defendant himself stated \u201cI had drank that morning. I didn\u2019t have that much to drink; not enough to get drunk. I would say approximately a half pint of whiskey.\u201d Defendant further denied setting the fire and gave a detailed story of his conduct during the morning and afternoon of the fire. It included places he went and people he talked to that day. (Emphasis supplied.)\nIn the case of People v. Evrard, 55 Ill App2d 270, 204 NE2d 777 (1965), the degree of intoxication was much greater as the defendant testified he did not remember anything from early morning to late afternoon, which covered the period of the crime. In that case the Fourth Appellate District made the following remarks concerning intoxication as a defense:\nCh 38, Sec 6-3, Ill Rev Stats 1963, provides that a person who is in an intoxicated condition is criminally responsible for his conduct unless his condition of intoxication negatives the existence of a mental state which is an element of the offense. Intent is an essential element of the crime charged. People v. Freedman, 5 Ill2d 414, 128 NE2d 217. A defense based upon section 6-8 (supra) is an affirmative defense. (Ill Rev Stats 1963, c 38, \u00a7 6-4.) The defendant having raised the issue of lack of intent, the State must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue together with all the other elements of the offense. (Ill Rev Stats 1963, c 38, \u00a7 3-2.)\nThis case was tried to the Court without a jury. The Supreme Court has repeatedly stated that the trial judge, as trier of the facts, who saw and heard the witnesses and observed their conduct and demeanor while testifying, is in a better position to determine their credibility and determine the weight to be accorded their testimony, than is the reviewing court. The People v. Sudduth, 14 Ill2d 605, 153 NE 2d 557.\nThe record supports the finding of the trial court that the defendant\u2019s intoxication was not so great as to exclude his having the specific intent essential to the crime, and under such circumstances we will not substitute our judgment for that of the trial court. The People v. Cozzie, 397 Ill 620, 74 NE2d 685.\nIn the case of People v. Strader, 23 Ill2d 13, 177 NE2d 126 (1961), the situation is similar to that of the case at bar, in that in both cases the defendants testified in detail to circumstances prior to the time of the crime and at the scene. There the Supreme Court stated the following concerning the defendant\u2019s ability to reason:\nVoluntary drunkenness is not a defense to the commission of crime. (People v. Jones, 263 Ill 564.) However, where malice is a necessary element of the crime, and where the intoxication is so extreme as to suspend the power of reason and the accused is incapable of forming an intent, he cannot be held guilty of the crime. There is nothing in the record to sustain defendant\u2019s contention that his intoxication was so extreme as to make him incapable of having the intent necessary in a case of murder. Defendant\u2019s testimony in regard to his intoxication proves too much, since he was in sufficient possession of his faculties to enable him to remember, in minute detail, all of the bars he visited and the nature and quantity of the various beverages he consumed in each. Moreover, he also recalls in detail the circumstances of his pursuit of the deceased and practically all of the details surrounding the shooting. The record does not support the contention that his intoxication prevented him from possessing in his mind the necessary intent for the crime charged, nor is his evidence in this regard sufficient to reduce the charge from murder to manslaughter. The defendant at all times knew what he was doing.\nSince the necessary degree of intoxication, to negate the defendant\u2019s mental state, was not clearly established, defendant was proved guilty beyond a reasonable doubt. Furthermore, the ruling of the trial court, in the case at bar, must be interpreted as saying that the intoxication of defendant was not so extreme as to negate intent; rather than that no amount of intoxication, no matter how extreme can ever be a defense to arson. The judgment is affirmed.\nJudgment affirmed.\nBRYANT, P. J. and BURKE, J., concur.", "type": "majority", "author": "MR. JUSTICE LYONS" } ], "attorneys": [ "Gerald W. Getty, Public Defender of Cook County, of Chicago (Frederick F. Cohn and James J. Doherty, Assistant Public Defenders, of counsel), for appellant.", "Daniel P. Ward, State\u2019s Attorney of Cook County, of Chicago (Elmer C. Kissane and E. Roger Horsky, Assistant State\u2019s Attorneys, of counsel), for appellee." ], "corrections": "", "head_matter": "People of the State of Illinois, Plaintiff-Appellee, v. Robert Pearson, Defendant-Appellant.\nGen. No. 50,553.\nFirst District, Second Division.\nSeptember 13, 1966.\nGerald W. Getty, Public Defender of Cook County, of Chicago (Frederick F. Cohn and James J. Doherty, Assistant Public Defenders, of counsel), for appellant.\nDaniel P. Ward, State\u2019s Attorney of Cook County, of Chicago (Elmer C. Kissane and E. Roger Horsky, Assistant State\u2019s Attorneys, of counsel), for appellee." }, "file_name": "0400-01", "first_page_order": 406, "last_page_order": 412 }