{
  "id": 2914887,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Barrie Alan Stone, Defendant-Appellant",
  "name_abbreviation": "People v. Stone",
  "decision_date": "1972-03-10",
  "docket_number": "No. 55392",
  "first_page": "693",
  "last_page": "694",
  "citations": [
    {
      "type": "official",
      "cite": "4 Ill. App. 3d 693"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 230,
    "char_count": 2872,
    "ocr_confidence": 0.772,
    "sha256": "2792160f46d0089747611e427adb1ca87264928f9fcb2b536217f5df789fdc44",
    "simhash": "1:8eebc1a38b2dbed2",
    "word_count": 481
  },
  "last_updated": "2023-07-14T21:04:19.595106+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. Barrie Alan Stone, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE ENGLISH\ndelivered the opinion of the court:\nOffense Charged\nDriving without a valid Illinois chauffeur\u2019s license. Ill. Rev. Stat. 1969, ch. 95%, par. 6 \u2014 101(a).\nDefense at Trial\nDefendant was not required to have an Illinois license as he was a resident of Iowa, and held a valid Iowa license.\nJudgment\nAfter a bench trial, defendant was found guilty and fined $40 plus $5 costs.\nContention Raised on Appeal\nDefendant was not proved guilty beyond a reasonable doubt. Evidence\nIn the absence of a court reporter\u2019s transcript of proceedings, our review of the evidence is necessarily based upon a sketchy one-page stipulated report of proceedings.\nJ. Yeager, for the State:\nOn June 19, 1970, he was a Dixmoor Police Officer. He stopped defendant\u2019s track and was shown a valid operator\u2019s license issued to defendant by the State of Iowa where he claimed to be a resident. However, the witness stated that defendant had lived \u201cfor some time\u201d at a trailer court in Dixmoor, Illinois and that defendant was a volunteer of the Dixmoor Fire Department. Furthermore, he had \u201cobserved defendant within the community.\u201d\nBarrie Alan Stone, on his own behalf:\nDefendant, pro se, testified that his home and place of residence was in Ogden, Iowa and a valid Iowa chauffeur\u2019s license in his name was admitted into evidence. He explained that he was engaged in driving a truck in interstate commerce; that he was required by law to \u201clay over\u201d at least eight hours at the end of each run; and that he sometimes spent that time in Dixmoor at his employer-owned mobile home provided for its drivers\u2019 use when not used as an office.\nOpinion\nThe only evidence offered by the State as proof of guilt was the testimoney of Officer Yeager that defendant had lived for a time at a Dix-moor trailer court and was a volunteer fireman seen by him in the community. There was absolutely nothing in the officer\u2019s testimony relating to the length of time he believed defendant had been a \u201cresident\u201d of the community. We mention this so pointedly since at that time an Illinois license was not required until 90 days after a non-resident licensee had become a resident of this State. (Ill. Rev. Stat. 1969, ch. 95V2, par. 6 \u2014 102.2.) Furthermore, even if we were to overlook the failure to prove the 90-day requirement, we consider the State\u2019s evidence on the basic question of residency so insubstantial as not to sustain its burden of proving defendant guilty beyond' a reasonable doubt.\nThe judgment is reversed.\nJudgment reversed.\nLORENZ, P. J., and DRUCKER, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE ENGLISH"
      }
    ],
    "attorneys": [
      "Barrie Alan Stone, pro se.",
      "Edward V. Hanrahan, State\u2019s Attorney, of Chicago, (Robert A. Novelle and Arthur Belkind, Assistant State\u2019s Attorneys, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Barrie Alan Stone, Defendant-Appellant.\n(No. 55392;\nFirst District\nMarch 10, 1972.\nBarrie Alan Stone, pro se.\nEdward V. Hanrahan, State\u2019s Attorney, of Chicago, (Robert A. Novelle and Arthur Belkind, Assistant State\u2019s Attorneys, of counsel,) for the People."
  },
  "file_name": "0693-01",
  "first_page_order": 713,
  "last_page_order": 714
}