{
  "id": 5313130,
  "name": "The People of the State of Illinois, Appellee, v. Ernest \"Ned\" Higgins, Roosevelt Graves, and Charles Moore, Appellants",
  "name_abbreviation": "People v. Higgins",
  "decision_date": "1971-11-10",
  "docket_number": "No. 70-189",
  "first_page": "879",
  "last_page": "881",
  "citations": [
    {
      "type": "official",
      "cite": "1 Ill. App. 3d 879"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "228 N.E.2d 582",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "84 Ill.App.2d 208",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
      "case_ids": [
        2554397
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-2d/84/0208-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T15:27:55.359601+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Appellee, v. Ernest \u201cNed\u201d Higgins, Roosevelt Graves, and Charles Moore, Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE JONES\ndelivered the opinion of the court:\nThe three defendants were convicted in a jury trial of knowingly carrying \u201cconcealed in a motor vehicle a .38-calibre Colt snub-nosed revolver\u201d in violation of Ill. Rev. Stat., ch. 38, par. 24 \u2014 1(a)(4). The .38-calibre revolver introduced in evidence was found at the scene of the defendants\u2019 arrest four or five feet away from the automobile. The search was made following defendants\u2019 arrest and removal from the scene. There was no testimony from any witness that the weapon or any \u201cobject\u201d was thrown or removed from the automobile. One of the three defendants was apparently getting out of the automobile when the officers arrived. The two other defendants were nearby outside the automobile. Previously that evening the three defendants had entered the apartment of Holly Goodman at which time one of them had a pistol which Miss Goodman said \u201clooked to her like\u201d the revolver found at the scene of the arrest. Two other witnesses had been occupants of the car earlier in the evening and testified that they never saw a gun in the car or with any of the defendants.\nThe question is raised as to whether the court properly ruled on the motion for a directed verdict at the end of the State\u2019s case. This ruling becomes immaterial in that the trial court denied the motion for a directed verdict at the close of all of the evidence.\nDefendants contend that the evidence was insufficient to support a conviction.\nThere was no evidence that the weapon involved was \u201cconcealed\u201d in the car nor that it was even in the car. There was no evidence who, among the three claimed occupants of the car, did the act. Accordingly, it must be held that the relevant facts, together with the permissible inferences to be drawn therefrom, fail to prove defendants\u2019 guilt beyond a reasonable doubt.\nThis case is not so unusual in the facts or in the applicable law to require an extended statement of the principles applicable to this case. We adopt the relevant portions of People v. Gant, 84 Ill.App.2d 208, 228 N.E.2d 582.\nFor the reasons indicated the judgment of the circuit court of Jackson County is reversed.\nJudgment reversed.\nEBERSPACHER, P. J., and CREBS, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE JONES"
      }
    ],
    "attorneys": [
      "Paul Bradley, of Defender Project, of Mount Vernon, for appellants.",
      "Richard E. Richman, State\u2019s Attorney, of Jacksonville, (Howard L. Hood, Assistant State\u2019s Attorney, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Appellee, v. Ernest \u201cNed\u201d Higgins, Roosevelt Graves, and Charles Moore, Appellants.\n(No. 70-189;\nFifth District\nNovember 10, 1971.\nPaul Bradley, of Defender Project, of Mount Vernon, for appellants.\nRichard E. Richman, State\u2019s Attorney, of Jacksonville, (Howard L. Hood, Assistant State\u2019s Attorney, of counsel,) for the People."
  },
  "file_name": "0879-01",
  "first_page_order": 899,
  "last_page_order": 901
}