{
  "id": 5345606,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Major James Brown, Jr., Defendant-Appellant",
  "name_abbreviation": "People v. Brown",
  "decision_date": "1974-06-27",
  "docket_number": "No. 12278",
  "first_page": "1064",
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  "last_updated": "2023-07-14T16:58:20.277928+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Plaintiff-Appellee, v. Major James Brown, Jr., Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE SIMKINS\ndelivered the opinion of the court:\nDefendant-appellant Major James Brown, Jr., was tried before a jury, convicted of burglary and sentenced 6 to 18 years in the penitentiary.\nAt approximately 1:30 A.M., a University of Illinois janitor observed two subjects in the vicinity of the burglarized premises; he went to a phone to call the police, and while making the call, observed one of the subjects inside the store. Other University of Illinois, Urbana and Champaign police officers arrived at the scene shortly thereafter. Nine University of Illinois and Champaign police officers testified to the discovery and arrest of the defendant inside the premises.\nThe defendant\u2019s version of his arrest was in direct conflict with the State\u2019s evidence. He testified that he was sitting in his parked car waiting for a friend, that he was there apprehended by the police who looked at his driver\u2019s license. He was searched, handcuffed and taken into the building by the police. He stated that he had never been in the building before. On direct examination by his attorney defendant testified to a conviction for robbery in 1960, and in 1967 for forgery. He also stated that he was 31 years of age and had had \u201ctrouble with the law\u201d for some 13 years. Defendant was on parole from the forgery conviction at the time of the commission of the offense here in question.\nThe defendant\u2019s version of his arrest was supported by three witnesses, Herschel Long, his sister Donna Rae Long and Arbsie Hunt. They testified that they were outside the House of Chin, a restaurant in the vicinity of the scene of the burglary, and observed the defendant being taken by the police between the burglarized premises and another building after being handcuffed. In rebuttal one Sharon Weisman testified that she knew Donna Rae Long, and that Donna had called her on the second day of defendant\u2019s trial, stating that her fianc\u00e9 had \u201c* # * been in on something of a robbery\u201d and requested that Sharon testify that she too had been outside the House of Chin and saw the defendant being \u201c* * * drug out of the car and into the store.\u201d Weisman testified that she had received several calls from Donna Long asking her to testify falsely at Brown\u2019s trial. She further testified that she was not with Donna Long on the evening in question and did not know anything about the burglary.\nDefendant urges that the closing argument was so inflammatory and prejudicial that it deprived defendant of a fair trial. This contention is centered mainly upon the State\u2019s Attorney\u2019s characterization of the testimony of the defendant and his three witnesses as \u201cperjured testimony\u201d which was \u201cblatant, completely without remorse, effort at perjury\u201d which \u201cyou as jurors cannot condone\u201d and which \u201cwas actively solicited on behalf of the defendant\u201d. Defendant made no objections to these comments of the State\u2019s Attorney. It is also clear that perjury was indeed being committed in the trial. On one side are nine police officers testifying to the discovery and arrest of the defendant inside the building and three defense witnesses testifying to his arrest outside the building, and his being taken into the building by the officers, in support of defendant\u2019s own testimony. This conflict was direct, not predicated on opinion or surmise, but rather upon personal observation in each instance. Failure to object to statements made during closing arguments is deemed a waiver of irregularities contained therein (People v. Dailey, 51 Ill.2d 239, 282 N.E.2d 129), although comments not objected to will be considered if as a result thereof the defendant is deprived of a fair trial. People v. Donald, 29 Ill.2d 283, 194 N.E.2d 227; People v. Hall, 11 Ill.App.3d 670, 297 N.E.2d 377.\nThe trial judge is in a far better position than this court to determine the prejudicial effect, if any, of remarks made during argument, and unless there is a clear abuse of discretion his ruling should not be disturbed. (People v. Smothers, 55 Ill.2d 172, 302 N.E.2d 324.) In denying defendant\u2019s post-trial motion in this case the trial judge specifically considered defendant\u2019s contentions concerning the closing argument and denied the motion. We find no reason for disturbing that ruling.\nDefendant also urges that his cross-examination of the witness Weisman was unduly restricted. The extent of cross-examination of witnesses rests in the discretion of the trial court and unless that discretion has been clearly abused to the manifest prejudice of the defendant a reviewing court will not interfere with the trial judge\u2019s ruling. (People v. Gallo, 54 Ill.2d 343, 297 N.E.2d 569.) The record discloses th\u00e1t counsel was permitted to go into sufficient detail to demonstrate to the jury possible motive for the witness to testify falsely. We therefore find no merit in this contention.\nLastly defendant urges that the court \u201c* * * erred in not considering probation as a possible sentence in this cause.\u201d This contention is bottomed on the premise that the trial judge mistakenly \u00e1ssumed that the defendant was ineligible for probation by reason of his commission of the burglary while on parole from the prior forgery conviction. On March 1, 1973, hearing was had on defendant\u2019s post-trial motion. On that occasion the trial judge denied the motion and ordered a presentence investigation and set the hearing on sentencing for March 22, 1973. At this juncture the State\u2019s Attorney moved to revoke defendant\u2019s bond and stated that the People would oppose probation. The trial judge then asked the following question: \u201cHe would be ineligible, wouldn\u2019t he, for' probation?\u201d, and added, \u201cCommitting a felony while on probation at least under the new \u2014 .\u201d The sentencing hearing was then conducted some 3 weeks later, on March 22, 1973. There is nothing in the record of those proceedings which even remotely suggests that the trial judge entertained a belief that the defendant was ineligible for probation. His question at the close of the hearing on the post-trial motion was just that, a question, not a statement of fact. There is no merit to this contention.\nJudgment affirmed.\nSMITH, P. J., and TRAPP, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE SIMKINS"
      }
    ],
    "attorneys": [
      "Francis J. Davis, of Auler Law Offices, of Champaign, for appellant.",
      "James R. Burgess, Jr., State\u2019s Attorney, of Urbana (Robert James Steigmann, Assistant State\u2019s Attorney, and Raul Villalobos, Senior Law Student, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Major James Brown, Jr., Defendant-Appellant.\n(No. 12278;\nFourth District\nJune 27, 1974.\nFrancis J. Davis, of Auler Law Offices, of Champaign, for appellant.\nJames R. Burgess, Jr., State\u2019s Attorney, of Urbana (Robert James Steigmann, Assistant State\u2019s Attorney, and Raul Villalobos, Senior Law Student, of counsel), for the People."
  },
  "file_name": "1064-01",
  "first_page_order": 1086,
  "last_page_order": 1089
}