{ "id": 2899927, "name": "People of the State of Illinois, Plaintiff-Appellee, v. Michael Vernon Schumacher, Defendant-Appellant", "name_abbreviation": "People v. Schumacher", "decision_date": "1967-12-22", "docket_number": "Gen. No. M-52,051", "first_page": "385", "last_page": "388", "citations": [ { "type": "official", "cite": "90 Ill. App. 2d 385" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "119 NE2d 232", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "2 Ill2d 538", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 12131628 ], "opinion_index": 0, "case_paths": [ "/ill-2d/2/0538-01" ] }, { "cite": "196 NE2d 691", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "30 Ill2d 375", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2828539 ], "opinion_index": 0, "case_paths": [ "/ill-2d/30/0375-01" ] }, { "cite": "207 NE2d 478", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "32 Ill2d 472", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2840185 ], "opinion_index": 0, "case_paths": [ "/ill-2d/32/0472-01" ] }, { "cite": "216 NE2d 490", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1965, "opinion_index": 0 }, { "cite": "69 Ill App2d 120", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 2592178 ], "year": 1965, "opinion_index": 0, "case_paths": [ "/ill-app-2d/69/0120-01" ] }, { "cite": "68 NE 563", "category": "reporters:state_regional", "reporter": "N.E.", "year": 1965, "opinion_index": 0 }, { "cite": "204 Ill 233", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 3277245 ], "year": 1965, "opinion_index": 0, "case_paths": [ "/ill/204/0233-01" ] }, { "cite": "129 NE 697", "category": "reporters:state_regional", "reporter": "N.E.", "year": 1965, "opinion_index": 0 }, { "cite": "296 Ill 190", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5056513 ], "year": 1965, "opinion_index": 0, "case_paths": [ "/ill/296/0190-01" ] } ], "analysis": { "cardinality": 343, "char_count": 4223, "ocr_confidence": 0.657, "pagerank": { "raw": 1.9202832494512165e-07, "percentile": 0.7328523786521917 }, "sha256": "2d3b88a0ceccd25e11d95b300d7fcc906f673e878ec98905a537709886cc1bee", "simhash": "1:952853e165a5b8a9", "word_count": 717 }, "last_updated": "2023-07-14T21:15:50.938972+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "People of the State of Illinois, Plaintiff-Appellee, v. Michael Vernon Schumacher, Defendant-Appellant." ], "opinions": [ { "text": "MR. PRESIDING JUSTICE ENGLISH\ndelivered the opinion of the court.\nOffense Charged\nTheft.\nJudgment\nSchumacher and his codefendant, James Ryan, were tried together in a bench trial and both were found guilty. Defendant was sentenced to thirty days in jail.\nPoint Raised on Appeal\nThe evidence did not establish defendant\u2019s guilt beyond a reasonable doubt.\nEvidence\nRonald C. Colosimo, witness for the State\nOn the evening of August 5, 1966, a 1959 Chevrolet (identified by serial number) with a \u201cFor Sale\u201d sign on the windshield, was parked on the used car lot which he owns. The next time he saw this car was at the Police Station the following afternoon. He had not authorized anyone to drive it on the evening of August 5, 1966, or at any time thereafter.\nRaymond Nolan, a police officer, witness for the State\nAt about 3:10 a. m. on the morning of August 6, 1966, he saw a black Pontiac convertible pushing a Chevrolet which had a sale sign on the windshield. Ryan was in the Chevrolet which had dim headlights. Defendant was driving the Pontiac. The engine of the Chevrolet started as the two cars approached Nolan\u2019s vantage point. As defendant attempted to drive away in the Pontiac, Nolan arrested him, after first calling for assistance on his radio. He had first observed the vehicles at a distance of approximately 50 feet. The area was dark except for the illumination from spotlights and other lights on the front of a restaurant near which Nolan\u2019s car was standing. Another officer, who had responded to Nolan\u2019s call, located Ryan behind the restaurant and arrested him. The ignition wires on the Chevrolet had been crossed.\nMichael Schumacher, defendant\nEarly on the morning of August 6,1966, while at home, he received a phone call from Ryan who asked to be picked up. While defendant was driving to meet Ryan, he saw a 1959 Chevrolet in front of him. He couldn\u2019t see the driver. He followed the Chevrolet up to a stop sign, at which point the cars turned in different directions. After making the turn, defendant was stopped and arrested. He had been within 10 or 15 feet of the Chevrolet but had not pushed it.\nJames Patrick Ryan, codefendant\nOn August 6, 1966, he phoned defendant to ask for a ride home. He was never inside the Chevrolet, though he saw it with the motor running near the restaurant where he was arrested.\nOpinion\nThere was sufficient evidence which, if believed, adequately met the State\u2019s burden of proof, the credibility of the witnesses being a matter for the trial judge. While it was Ryan who drove the Chevrolet, defendant was seen pushing it with the Pontiac. People v. Lardner, 296 Ill 190, 129 NE 697; Watts v. People, 204 Ill 233, 68 NE 563; People v. Davis, 69 Ill App2d 120, 216 NE2d 490. Defendant was, thus, responsible for Ryan\u2019s conduct as aiding and abetting in the commission of the crime. Ill Rev Stats (1965), c 38, \u00a75-2. The requisite intent may be inferred from the surrounding facts and circumstances. People v. Richardson, 32 Ill2d 472, 207 NE2d 478; People v. Cole, 30 Ill2d 375, 196 NE2d 691; People v. Grilec, 2 Ill2d 538, 119 NE2d 232. The facts that defendant knew Ryan and was meeting him by prearrangement were also factors to be considered.\nDecision\nThe judgment of the Circuit Court is affirmed.\nAffirmed.\nDRUCKER and McCORMICK, JJ., concur.\nIll Rev Stats (1965), c 88, \u00a7 16-1.\nA person commits theft when he knowingly: (a) Obtains or exerts unauthorized control over property of the owner; . . . and (1) Intends to deprive the owner permanently of the use or the benefit of the property; or (2) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or (3) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.", "type": "majority", "author": "MR. PRESIDING JUSTICE ENGLISH" } ], "attorneys": [ "Arthur J. O\u2019Donnell, of Chicago, for appellant.", "John J. Stamos, State\u2019s Attorney of Cook County, of Chicago (Elmer C. Kissane and Daniel Weil, Assistant State\u2019s Attorneys, of counsel), for appellee." ], "corrections": "", "head_matter": "People of the State of Illinois, Plaintiff-Appellee, v. Michael Vernon Schumacher, Defendant-Appellant.\nGen. No. M-52,051.\nFirst District, Fourth Division.\nDecember 22, 1967.\nArthur J. O\u2019Donnell, of Chicago, for appellant.\nJohn J. Stamos, State\u2019s Attorney of Cook County, of Chicago (Elmer C. Kissane and Daniel Weil, Assistant State\u2019s Attorneys, of counsel), for appellee." }, "file_name": "0385-01", "first_page_order": 391, "last_page_order": 394 }