{ "id": 3371997, "name": "In re KATHY JOHNSON, a Minor.-(THE PEOPLE OF THE STATE OF ILLINOIS, Petitioner-Appellee, v. KATHY JOHNSON, Respondent-Appellant.)", "name_abbreviation": "People v. Johnson", "decision_date": "1977-04-22", "docket_number": "No. 76-411", "first_page": "370", "last_page": "374", "citations": [ { "type": "official", "cite": "48 Ill. App. 3d 370" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "305 N.E.2d 363", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "16 Ill. App. 3d 224", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2524916 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/16/0224-01" ] }, { "cite": "310 N.E.2d 713", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1973, "opinion_index": 0 }, { "cite": "18 Ill. App. 3d 887", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2613140 ], "year": 1973, "opinion_index": 0, "case_paths": [ "/ill-app-3d/18/0887-01" ] }, { "cite": "262 N.E.2d 292", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "127 Ill. App. 2d 330", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 2473024 ], "opinion_index": 0, "case_paths": [ "/ill-app-2d/127/0330-01" ] }, { "cite": "283 N.E.2d 259", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "4 Ill. App. 3d 1093", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2916483 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/4/1093-01" ] }, { "cite": "333 N.E.2d 247", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "31 Ill. App. 3d 500", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2708143 ], "pin_cites": [ { "page": "307" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/31/0500-01" ] }, { "cite": "89 S. Ct. 1603", "category": "reporters:federal", "reporter": "S. Ct.", "opinion_index": 0 }, { "cite": "22 L. Ed. 2d 783", "category": "reporters:federal", "reporter": "L. Ed. 2d", "opinion_index": 0 }, { "cite": "394 U.S. 1005", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6332964, 6332772, 6332134, 6332590, 6332372, 6331893, 6333178, 6333373 ], "opinion_index": 0, "case_paths": [ "/us/394/1005-06", "/us/394/1005-05", "/us/394/1005-02", "/us/394/1005-04", "/us/394/1005-03", "/us/394/1005-01", "/us/394/1005-07", "/us/394/1005-08" ] }, { "cite": "240 N.E.2d 156", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "97 Ill. App. 2d 362", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 2477614 ], "opinion_index": 0, "case_paths": [ "/ill-app-2d/97/0362-01" ] }, { "cite": "299 N.E.2d 462", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1968, "opinion_index": 0 }, { "cite": "12 Ill. App. 3d 893", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2855525 ], "year": 1968, "opinion_index": 0, "case_paths": [ "/ill-app-3d/12/0893-01" ] }, { "cite": "347 N.E.2d 381", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "37 Ill. App. 3d 960", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2715150 ], "pin_cites": [ { "page": "963" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/37/0960-01" ] } ], "analysis": { "cardinality": 556, "char_count": 9019, "ocr_confidence": 0.883, "pagerank": { "raw": 5.4033266686372354e-08, "percentile": 0.33935298930555413 }, "sha256": "9cfc3113af52fe2cb8b2edb6ab97e0c6b04a1122f8719b050388b8274638b26d", "simhash": "1:b96108fe3681a8d5", "word_count": 1500 }, "last_updated": "2023-07-14T15:43:36.955471+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "In re KATHY JOHNSON, a Minor.\u2014(THE PEOPLE OF THE STATE OF ILLINOIS, Petitioner-Appellee, v. KATHY JOHNSON, Respondent-Appellant.)" ], "opinions": [ { "text": "Mr. JUSTICE LORENZ\ndelivered the opinion of the court:\nFollowing an adjudicatory hearing, respondent was found to be delinquent for committing the offense of aggravated assault in violation of section 12 \u2014 2(a)(3) of the Criminal Code of 1961 (Ill. Rev. Stat. 1973, ch. 38, par. 12 \u2014 2(a)(3)), adjudged a ward of the court, and placed on probation for six months. She contends the trial court abused its discretion by denying her motion for a continuance, and erred by finding her guilty of aggravated assault beyond a reasonable doubt.\nA petition for adjudication of wardship was filed against respondent, a 13- year-old child, alleging that she was delinquent having committed the offense of assault upon Dorothy Lewis knowing her to be a teacher upon school grounds. Respondent failed to appear at her initial hearing on April 7, 1975. On April 28, 1975, the Public Defender was appointed to represent her and announced that an agreement had been reached with the State\u2019s Attorney to put respondent on supervision because the alleged offense did not involve any physical contact. However, respondent\u2019s father objected to the agreement because he had \u201cproof and witnesses\u201d and a denial of the charges was entered. On May 14, 1975, the case was continued on the State\u2019s motion because a clerical error by the Chicago Police Department had prevented its witnesses from being served with subpoenas.\nOn June 4,1975, respondent requested a continuance to subpoena two witnesses, Steve Cone and Miss Burk. Respondent\u2019s counsel represented that the witnesses testimony would be \u201crelevant and material\u201d to the defense. The motion was denied.\nThe following pertinent evidence was adduced at the hearing.\nDorothy Lewis for the State\nShe is a 23-year-old teacher at John Hope Middle School. About 11:30 a.m. on February 28, 1975, she was supervising a group of students near the gymnasium when she was twice hit on the back of her head by small objects which felt like spitballs. When she was hit by a pencil, she turned and faced the students. Respondent, who was standing on her right, looked out the window and then at the ceiling. Before sh\u00e9 said anything, respondent said \u201cI didn\u2019t do anything. I didn\u2019t throw anything.\u201d When she inquired who did, respondent disavowed any knowledge in a loud voice and used profanities. She was concerned that the students would instig\u00e1te some trouble if she continued the conversation in their presence, and so she told respondent to come to a conference room to talk about the incident. However, instead of proceeding to the conferenc\u00e9 room respondent went to her classroom. She went to the classroom and again requested that respondent accompany her to the conference room, but respondent refused. She told respondent that she would not suspend her or send her downstairs to the school\u2019s disciplinarians. Mr. Cone, respondent\u2019s teacher, persuaded her to go to. the conference room. Cone and two aides were present in the conference room. After respondent entered the conference room she asked respondent to come to her desk to talk, but respondent refused. She went over to respondent with her hand outstretched in an attempt to persuade respondent t\u00f3 come to her desk. As she approached, respondent reached for her with her hands in a cupped position, palms facing away, as though respondent was trying to scratch her. She was afraid that respondent would attack her and grabbed both of. respondent\u2019s wrists. A brief \u201ctussle\u201d ensued and they were separated by two other teachers.\nOn cross-examination, she stated she had talked with respondent\u2019s father when she was respondent\u2019s reading teacher. When they were separated, respondent was kicking and was trying to reach over the other te\u00e1cher\u2019s back to hit her.\nRespondent Kathy Johnson on her own behalf\nThere were about 50 children present as they left the gym. She was about two feet behind Lewis. The students were throwing paper at Lewis. She told them to stop throwing these things at her teacher. When Lewis turned, she denied throwing anything. Lewis started \u201cpoking\u201d her in the stomach. Respondent pushed her hand away and asked to leave, but Lewis again pushed respondent\u2019s stomach. Lewis followed her to the classroom and said \u201cnow talk your bad stuff\u201d and acted like a student. After she, Lewis and Cone had gone to the conference room, she refused to go to Lewis\u2019s desk. Lewis then came over to respondent, grabbed her clothes, called her a vulgar name, and slapped her in the face and on the head. They then began to hit each other until they were separated by other teachers including Messrs. Cone, Andis and Evans.\nOpinion\nRespondent contends the trial court abused its discretion by denying her motion for a continuance. Motions for a continuance are left to the discretion of the trial court and must be considered in light of the diligence shown by the movant. (Ill. Rev. Stat. 1975, ch. 38, par. 114\u2014 4(e); People v. Ward (1976), 37 Ill. App. 3d 960, 963, 347 N.E.2d 381.) A reviewing court will not interfere with the trial court\u2019s denial of a request for a continuance unless there exists an abuse of discretion. (People v. Summers (1973), 12 Ill. App. 3d 893, 299 N.E.2d 462.) In determining whether a defendant-movant has exercised the required diligence, the court must consider defendant\u2019s duty to make a reasonable attempt to secure witnesses. People v. Hudson (1968), 97 Ill. App. 2d 362, 240 N.E.2d 156, cert. denied, 394 U.S. 1005, 22 L. Ed. 2d 783, 89 S. Ct. 1603.\nA review of the record discloses that respondent and counsel did not exhibit diligence in obtaining the presence of the witnesses. Respondent proffered no evidence to the trial court that she or her counsel had taken any action to secure the presence of the witnesses in the period between April 28 and June 4, 1975. It is clear from respondent\u2019s own testimony at the hearing that she knew the identity of these possible witnesses. Indeed, the basis for her father\u2019s rejection of the agreement between her counsel and the State on April 28 which would have placed respondent on supervision was that he could produce \u201cproof and witnesses.\u201d We cannot say the trial court abused its discretion by refusing to grant the continuance when respondent failed to show even a minimal effort to secure these witnesses over one month later.\nMoreover, in People v. Kane (1975), 31 Ill. App. 3d 500, 307, 333 N.E.2d 247, this court sustained the denial of a continuance to secure a witness. We noted, inter alia, that no offer of proof was made to the substance of the witness\u2019 testimony, no claim of prejudice was advanced, and no contention made that the witness was necessary for the defense. Thes\u00e9 same factors are involved in the present case. Consequently, we conclude the trial court did not abuse its discretion in denying respondent\u2019s request for a continuance.\nRespondent also contends the trial court erred by finding her guilty of aggravated assault beyond a reasonable doubt. A person commits aggravated assault when without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery and that other person is known to be a school teacher who is on school premises when the offense occurs. (Ill. Rev. Stat. 1973, ch. 38, pars. 12 \u2014 1 and 12 \u2014 2(a)(3).) The testimony of a single credible witness is sufficient to sustain a finding against the respondent even though the testimony is contradicted by the respondent. (People v. Cato (1972), 4 Ill. App. 3d 1093, 283 N.E.2d 259.) In the instant case Lewis\u2019s testimony was sufficient to show that she was under a reasonable apprehension of receiving a battery. (See People v. Hasty (1970), 127 Ill. App. 2d 330, 262 N.E.2d 292.) The incident occurred on school premises and respondent knew Lewis was a teacher by virtue of their former relationship in a reading class and Lewis\u2019s supervisory role on that day. The clear conflict between Lewis\u2019s and respondent\u2019s testimony resolved into a question of the credibility of the witnesses and was determined adversely to respondent by the trial court which observed the demeanor of both witnesses. (In re Interest of Bryant (1974), 18 Ill. App. 3d 887, 310 N.E.2d 713; In re Interest of Whittenburg (1973), 16 Ill. App. 3d 224, 305 N.E.2d 363.) After reviewing the record we cannot say the trial court erred in its finding that respondent committed the offense of aggravated assault beyond a reasonable doubt.\nFor these reasons the judgment of the circuit court is affirmed.\nAffirmed.\nMEJDA and WILSON, JJ., concur.", "type": "majority", "author": "Mr. JUSTICE LORENZ" } ], "attorneys": [ "James J. Doherty, Public Defender, of Chicago (Aaron L. Meyers, Assistant Public Defender, of counsel), for appellant.", "Bernard Carey, State\u2019s Attorney, of Chicago (Laurence J. Bolon, James S. Veldman, and Louis R. Schroeder, Assistant State\u2019s Attorneys, of counsel), for the People." ], "corrections": "", "head_matter": "In re KATHY JOHNSON, a Minor.\u2014(THE PEOPLE OF THE STATE OF ILLINOIS, Petitioner-Appellee, v. KATHY JOHNSON, Respondent-Appellant.)\nFirst District (5th Division)\nNo. 76-411\nOpinion filed April 22, 1977.\nJames J. Doherty, Public Defender, of Chicago (Aaron L. Meyers, Assistant Public Defender, of counsel), for appellant.\nBernard Carey, State\u2019s Attorney, of Chicago (Laurence J. Bolon, James S. Veldman, and Louis R. Schroeder, Assistant State\u2019s Attorneys, of counsel), for the People." }, "file_name": "0370-01", "first_page_order": 404, "last_page_order": 408 }