{
  "id": 2500182,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Harrison Taylor, Defendant-Appellant",
  "name_abbreviation": "People v. Taylor",
  "decision_date": "1975-05-23",
  "docket_number": "No. 60049",
  "first_page": "524",
  "last_page": "526",
  "citations": [
    {
      "type": "official",
      "cite": "29 Ill. App. 3d 524"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "174 N.E.2d 817",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "22 Ill.2d 260",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2788498
      ],
      "pin_cites": [
        {
          "page": "264"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/22/0260-01"
      ]
    }
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  "last_updated": "2023-07-14T17:27:57.823802+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. Harrison Taylor, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. PRESIDING JUSTICE BARRETT\ndelivered the opinion of the court:\nDefendant was found guilty at a bench trial of the unlawful use of weapons, a violation of section 24 \u2014 1(a) (10) of the Criminal Code (Ill. Rev. Stat. 1973, ch. 38, par. 24 \u2014 1(a)(10)), and failure to possess an Illinois Firearms Identification card, a violation of section 2(a) of the act regulating firearms (Ill. Rev. Stat. 1974, ch. 38, par. 83 \u2014 2(a)). He was sentenced to a period of 60 days at the Plouse of Correction, concurrent on both charges. Santiago Quinones, a codefendant with Taylor, was discharged. '\nThe only issue on appeal is whether the evidence is so unsatisfactory and unreasonable that it raises a serious question as to whether the defendant has been proven guilty beyond a reasonable doubt.\nOn the evening of August 2, 1973, Chicago Police Officer Raymond Augle observed defendant struggling with Santiago Quinones in an open lot near the housing project at 4155 S. Lake Park in Chicago. A crowd which gathered around the defendant and Quinones ultimately began to throw bottles at Augle.\nAs the State\u2019s sole witness, Officer Angle testified that Taylor and Quinones were struggling over a relatively small automatic handgun and that he heard approximately six or seven shots fired. Upon further examination, he testified that four hands covered the weapon during the struggle and that in fact the gun was never clearly in view to him while the individuals were wrestling. The witness did, however, state that he picked up a gun from the ground and placed it in his pocket. Defendant and Quinones were subsequently arrested.\nThough the testimony of defendant, his wife, and Quinones is in some respects contradictory, there is agreement between them on one essential point: that neither defendant nor Santiago Quinones had a firearm in their hands during the time they fought. Moreover, there was testimony by Quinones that he picked up a stick after he heard a shot come from the crowd, and that it was used in his fight with defendant.\nThe Illinois Supreme Court has held in People v. Dawson that:\n\u201c* \u00bb \u00bb we cannot, in every case, accept the trial judge\u2019s finding as conclusive, for the rule is that it is the duty of this Court to examine the evidence in a criminal case and if it is so unsatisfactory and unreasonable as to raise a serious doubt of defendant\u2019s guilt, the conviction must be reversed.\u201d 22 Ill.2d 260, 264, 174 N.E.2d 817.\nIn the case at bar, we find that the evidence is so unsatisfactory that it raises serious doubt as to defendant\u2019s guilt. It is evident from the officer\u2019s testimony that he was concerned for his own personal well-being and safety as he was being attacked by the hostile crowd. As he explained why none of the expended shells were recovered and introducd in cpurt, he stated that \u201c* \u201d * people from the project were over there and started throwing bottles at us. We had to get out of there.\u201d The very real possibility that Officer Augle\u2019s attention may have been diverted away from his subjects by the menacing crowd, even prior to their attack, taken along with his testimony that the hands of both Quinones and defendant covered the gun, thus obscuring his view of the weapon, makes the evidence introduced by the State so unsatisfactory that it raises serious doubt as to the defendant\u2019s possession of the firearm.\nFor these reasons we must reverse the lower court finding that defendant was guilty of the unlawful use of a weapon. Furthermore, we find that since neither possession, nor the fact that the defendant acquired the gun, has been proven beyond a reasonable doubt, we also reverse the finding of guilt with respect to the charge that defendant failed to possess an Illinois Firearms Identification Card.\nIn accordance with the views expressed herein the cause is remanded to the trial court with directions to vacate the finding of guilty, and to enter a finding of not guilty.\nReversed and remanded with directions.\nLORENZ and SULLIVAN, JJ., concur.",
        "type": "majority",
        "author": "Mr. PRESIDING JUSTICE BARRETT"
      }
    ],
    "attorneys": [
      "James J. Doherty, Public Defender, of Chicago (Thomas Finegan, Assistant Public Defender, of counsel), for appellant.",
      "Bernard Carey, State\u2019s Attorney, of Chicago (Patrick T. Driscoll, Jr., and Barry Rand Elden, Assistant State\u2019s Attorneys, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Harrison Taylor, Defendant-Appellant.\n(No. 60049;\nFirst District (5th Division)\nMay 23, 1975.\nJames J. Doherty, Public Defender, of Chicago (Thomas Finegan, Assistant Public Defender, of counsel), for appellant.\nBernard Carey, State\u2019s Attorney, of Chicago (Patrick T. Driscoll, Jr., and Barry Rand Elden, Assistant State\u2019s Attorneys, of counsel), for the People."
  },
  "file_name": "0524-01",
  "first_page_order": 548,
  "last_page_order": 550
}