{
  "id": 2935909,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Charles Eastland, a/k/a Nolan Brown, Jr., a/k/a Nolan Gene Brown, a/k/a Willie Fouther, III, Defendant-Appellant",
  "name_abbreviation": "People v. Eastland",
  "decision_date": "1973-05-09",
  "docket_number": "No. 11895",
  "first_page": "271",
  "last_page": "273",
  "citations": [
    {
      "type": "official",
      "cite": "11 Ill. App. 3d 271"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "186 N.E.2d 353",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "26 Ill.2d 190",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        5355774
      ],
      "pin_cites": [
        {
          "page": "193"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/26/0190-01"
      ]
    },
    {
      "cite": "220 N.E.2d 184",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "35 Ill.2d 208",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        5379439
      ],
      "pin_cites": [
        {
          "page": "212"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/35/0208-01"
      ]
    },
    {
      "cite": "247 N.E.2d 404",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "42 Ill.2d 301",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2847427
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/42/0301-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 332,
    "char_count": 4875,
    "ocr_confidence": 0.763,
    "pagerank": {
      "raw": 1.5251775829126664e-07,
      "percentile": 0.6700848196168966
    },
    "sha256": "1d1ab2cdf06af8fa18bace5904bb13c5d0da193568fcd2822c5dc6150859af31",
    "simhash": "1:aa0c5a6c3a0ec003",
    "word_count": 829
  },
  "last_updated": "2023-07-14T15:22:35.785791+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Plaintiff-Appellee, v. Charles Eastland, a/k/a Nolan Brown, Jr., a/k/a Nolan Gene Brown, a/k/a Willie Fouther, III, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE SIMKINS\ndelivered the opinion of the court:\nDefendant-Appellant Charles Eastland, a/k/a Nolan Brown, Jr., a/k/a Nolan Gene Brown, a/k/a Willie Fouther, III, was indicted for theft of property of value exceeding $150 in violation of Ill. Rev. Stat. 1969, ch. 38, sec. 16-l(a) (1). The indictment charged the defendant with theft of a 1972 Oldsmobile 98, four-door sedan in that he \u201c* # * knowingly exerted unauthorized control * * *\u201d over the vehicle, \u201c* # <* intending to deprive said owner permanently of the use or benefit of said property * * Defendant was convicted, after trial by jury, and sentenced 2 to 6 years.\nThe jury returned the following verdict, \u2018We the jury, find the defendant, Nolan Brown, Jr., guilty of Theft of Property.\u201d Defendant asserts error in the sentence imposed since there was no finding by the jury that the value of the property was in excess of $150. Defendant did not object to the form of verdict during the conference on instructions, nor was the contention raised in the post-trial motion, and the question is not preserved for appeal. We note, however, that no issue was raised, during the trial, as to the value of the automobile. Also, the jury was instructed that defendant was charged with theft of property exceeding $150 in value, and under the rule of People v. Harden, 42 Ill.2d 301, 247 N.E.2d 404, there was no error.\nDefendant also contends that it was error to give Peoples Instructions Nos. 12 and 13, which are I.P.I. Criminal 13.01 and 13.02. We have heretofore set out the allegations of the indictment which contained the language of the statute set forth in chapter 38, section 16-1 (1) to the effect that the defendant intended to deprive the owner permanently of the use and benefit of the property. The two instructions in question also contained the language set forth in sub-par. (3) of the statute which contains the words \u201c* * * conceals, or abandons # # jje argues that instructions given should be confined to the facts and the law in the case. In view of the evidence adduced the jury could not have been misled by the instructions. There was no evidence of \u201cconcealment or abandonment\u201d and no substantial error occurred. In addition, no objection was made to the instructions at the time of the instruction conference nor was there alleged error raised in the post-trial motion and the point is not properly preserved for review. People v. LeMay, 35 Ill.2d 208, 212, 220 N.E.2d 184.\nDefendant also complains of a question asked him by the State\u2019s Attorney. The exchange between the State\u2019s Attorney and the defendant which led up to the question are as follows:\n\u201cQ. Well, if you weren\u2019t in your right mind and you can\u2019t remember anything how are you able to say that you didn\u2019t take it?\nA. I just know I didn\u2019t take it.\nQ. How do you know?\nA. I know I didn\u2019t.\nQ. Well how?\nA. How do you know I did?\nQ. I know you did, Mr. Eastland, but you are on trial. I am asking how you know you didn\u2019t take it?\nA. I know I didn\u2019t take that car.\u201d\nDefendant argues that the words \u201cI know you did, Mr. Eastland * * *\u201d was prejudicial since the jury might have concluded that the State\u2019s Attorney had private knowledge of the defendant\u2019s guilt. We observe that no objection was made to the question nor was the point raised in defendant\u2019s post-trial motion and the alleged error is not preserved for review. Additionally, in People v. Williams, 26 Ill.2d 190, 193, 186 N.E.2d 353, the State\u2019s Attorney in his opening statement and in closing argument stated his own opinion of defendant\u2019s guilt, as follows: \u201cI am sure that after you have heard this case, you will feel as we do that defendant is guilty as charged\u201d, and further stated to the jury \u201c* * w I think that when you go back tihere, you will reach the same conclusion that we have reached, and that is that Eddie Williams is guilty of the charge cf murder.\u201d In disposing of defendant\u2019s contention that the rule prohibits a State\u2019s Attorney from expressing his personal opinion of guilt and that such violation required reversal, the court said, \u201cIt is, however, proper for a prosecutor to argue or express an opinion that the accused is guilty, where he states, or it is apparent, as was true in this case, that such opinion is based solely on the evidence.\u201d Here the evidence of guilt is overwhelming and the question did not constitute reversible error.\nJudgment affirmed.\nSMITH, P. J., and TRAPP, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE SIMKINS"
      }
    ],
    "attorneys": [
      "John F. McNichols, of Defender Project, of Springfield, (Bruce L. Herr, of counsel), for appellant.",
      "Basil G. Greanias, State\u2019s Attorney, of Decatur, (Patrick M. Walsh, Assistant State\u2019s Attorney, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Charles Eastland, a/k/a Nolan Brown, Jr., a/k/a Nolan Gene Brown, a/k/a Willie Fouther, III, Defendant-Appellant.\n(No. 11895;\nFourth District\nMay 9, 1973.\nJohn F. McNichols, of Defender Project, of Springfield, (Bruce L. Herr, of counsel), for appellant.\nBasil G. Greanias, State\u2019s Attorney, of Decatur, (Patrick M. Walsh, Assistant State\u2019s Attorney, of counsel,) for the People."
  },
  "file_name": "0271-01",
  "first_page_order": 293,
  "last_page_order": 295
}