{ "id": 3383719, "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RALPH MONTGOMERY, Defendant-Appellant", "name_abbreviation": "People v. Montgomery", "decision_date": "1977-07-29", "docket_number": "No. 76-782", "first_page": "324", "last_page": "332", "citations": [ { "type": "official", "cite": "51 Ill. App. 3d 324" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "273 N.E.2d 605", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "49 Ill. 2d 98", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2911397 ], "opinion_index": 0, "case_paths": [ "/ill-2d/49/0098-01" ] }, { "cite": "342 N.E.2d 177", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "35 Ill. App. 3d 391", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5307241 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/35/0391-01" ] }, { "cite": "199 N.E. 368", "category": "reporters:state_regional", "reporter": "N.E.", "pin_cites": [ { "page": "370" } ], "opinion_index": 0 }, { "cite": "362 Ill. 238", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2593948 ], "pin_cites": [ { "page": "243" } ], "opinion_index": 0, "case_paths": [ "/ill/362/0238-01" ] }, { "cite": "315 N.E.2d 38", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "20 Ill. App. 3d 562", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5343546 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/20/0562-01" ] }, { "cite": "56 N.E.2d 825", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1974, "opinion_index": 0 }, { "cite": "387 Ill. 592", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2496258 ], "year": 1974, "opinion_index": 0, "case_paths": [ "/ill/387/0592-01" ] }, { "cite": "219 N.E.2d 588", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "74 Ill. App. 2d 249", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 2581036 ], "opinion_index": 0, "case_paths": [ "/ill-app-2d/74/0249-01" ] }, { "cite": "322 N.E.2d 58", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1974, "opinion_index": 0 }, { "cite": "59 Ill. 2d 445", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2958066 ], "year": 1974, "opinion_index": 0, "case_paths": [ "/ill-2d/59/0445-01" ] }, { "cite": "300 N.E.2d 824", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1974, "opinion_index": 0 }, { "cite": "13 Ill. App. 3d 559", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5346459 ], "year": 1974, "opinion_index": 0, "case_paths": [ "/ill-app-3d/13/0559-01" ] }, { "cite": "273 N.E.2d 647", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "133 Ill. App. 2d 599", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 2474066 ], "opinion_index": 0, "case_paths": [ "/ill-app-2d/133/0599-01" ] }, { "cite": "123 N.E. 321", "category": "reporters:state_regional", "reporter": "N.E.", "opinion_index": 0 }, { "cite": "288 Ill. 182", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 4957985 ], "opinion_index": 0, "case_paths": [ "/ill/288/0182-01" ] }, { "cite": "314 N.E.2d 659", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "20 Ill. App. 3d 867", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5343113 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/20/0867-01" ] }, { "cite": "344 N.E.2d 620", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "36 Ill. App. 3d 845", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2630652 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/36/0845-01" ] }, { "cite": "156 N.E.2d 551", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1976, "opinion_index": 0 }, { "cite": "16 Ill. 2d 82", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2762777 ], "year": 1976, "opinion_index": 0, "case_paths": [ "/ill-2d/16/0082-01" ] }, { "cite": "408 U.S. 786", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 1782921 ], "weight": 3, "year": 1972, "opinion_index": 0, "case_paths": [ "/us/408/0786-01" ] }, { "cite": "246 N.E.2d 299", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1972, "opinion_index": 0 }, { "cite": "42 Ill. 2d 73", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2850043 ], "year": 1972, "opinion_index": 0, "case_paths": [ "/ill-2d/42/0073-01" ] }, { "cite": "294 N.E.2d 276", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1969, "opinion_index": 0 }, { "cite": "54 Ill. 2d 39", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2934302 ], "year": 1969, "opinion_index": 0, "case_paths": [ "/ill-2d/54/0039-01" ] }, { "cite": "261 N.E.2d 723", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "126 Ill. App. 2d 348", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 1576610 ], "opinion_index": 0, "case_paths": [ "/ill-app-2d/126/0348-01" ] }, { "cite": "295 N.E.2d 228", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1970, "opinion_index": 0 }, { "cite": "10 Ill. App. 3d 762", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5396517, 5399055 ], "year": 1970, "opinion_index": 0, "case_paths": [ "/ill-app-3d/10/0762-01", "/ill-app-3d/10/0762-02" ] }, { "cite": "336 N.E.2d 194", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "32 Ill. App. 3d 265", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2793188 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/32/0265-01" ] }, { "cite": "184 N.E.2d 858", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1975, "opinion_index": 0 }, { "cite": "25 Ill. 2d 204", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5353184 ], "year": 1975, "opinion_index": 0, "case_paths": [ "/ill-2d/25/0204-01" ] }, { "cite": "280 N.E.2d 230", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1962, "opinion_index": 0 }, { "cite": "50 Ill. 2d 390", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2910797 ], "year": 1962, "opinion_index": 0, "case_paths": [ "/ill-2d/50/0390-01" ] } ], "analysis": { "cardinality": 949, "char_count": 21263, "ocr_confidence": 0.866, "pagerank": { "raw": 2.1924247317208858e-07, "percentile": 0.7739671309022264 }, "sha256": "aff5dd499a52c609181f3ad051274888dd176eea3fd19b6996823584368ab647", "simhash": "1:0dd490a53befccd1", "word_count": 3557 }, "last_updated": "2023-07-14T14:38:54.645684+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. RALPH MONTGOMERY, Defendant-Appellant." ], "opinions": [ { "text": "Mr. JUSTICE MEJDA\ndelivered the opinion of the court:\nFollowing a bench trial defendant, Ralph Montgomery, was found guilty of aggravated battery and was sentenced to the Illinois Department of Corrections for a term of two to six years. Defendant appeals and contends that: (1) he was not proved guilty beyond a reasonable doubt; and (2) the trial court erred in excluding testimony concerning the victim\u2019s violent character.\nWe affirm. The pertinent facts adduced at trial follow.\nReginald Bonds\nThe victim, Benny Oliver, is his brother. On March 3,1974, in the late afternoon, he was present in his brother\u2019s home. Bonds and his brother were gambling on the premises along with defendant and Walker. No one was drinking. He and Walker got into an argument while gambling. Walker and defendant left the premises, followed by Bonds, who went to his mother\u2019s house approximately 50 feet \u201cdown the alley\u201d on the adjoining block. Oliver, his brother, remained at his own house.\nBonds remained at his mother\u2019s house for \u201cabout a minute and a half,\u201d and told his mother of the argument that had occurred. He then left and walked around the block back toward the front of Oliver\u2019s house. He saw defendant come across the street and hit Oliver with a pipe about three feet long \u201cright across the eye and jaw.\u201d Bonds was approximately 15 feet from the defendant and Oliver, who \u201cwere standing in Benny Oliver\u2019s gangway,\u201d when the blow was struck. Oliver did not have a weapon in his hands when struck by the defendant. Bonds did not hear conversation between the two prior to the blow.\nBonds \u201cthought\u201d defendant was holding the pipe in two hands when he crossed the street to hit Oliver. After being hit, Oliver \u201cstumbled on and went into the house,\u201d and Bonds got ready to fight with defendant. Bonds\u2019 father stopped him from doing so, however. Approximately six minutes later Bonds entered the house and saw Oliver unconscious on the living room floor. Oliver was transported to the hospital about one horn: later. When police arrived on the scene Bonds did not speak with them. He later spoke with Officer Bertucci on or about March 25,1974. He did not recall telling Bertucci that he saw defendant running away when he arrived on the scene, nor did he recall telling Bertucci that he saw Oliver lying on the sidewalk.\nBenny Oliver\nHe had been gambling at his house on March 3, 1974, with Bonds, Walker and defendant. Oliver had been drinking while gambling. Although an argument occurred concerning the gambling, Oliver stated that he did not threaten defendant or Walker. The three other men left the premises. About 15 minutes later, Oliver went to the front of his house and stood \u201cright at the comer of the gangway.\u201d He noticed defendant and Walker also on the street and watched them for about 10 minutes. Oliver did not possess a weapon. Defendant came charging across the street at him, with a pipe in his right hand and a gun in his left. Defendant called Oliver \u201csome kind of name\u201d as he approached. As defendant ran at him, Oliver heard his sister call him and he turned to her. When he looked back he saw the pipe \u201ccoming down\u201d at him, and that is all he remembered. Defendant hit him twice, and he had no idea why he did so. As a result, Oliver lost the sight in his left eye.\nChicago Police Investigator Frank Bertucci\nHe arrested defendant on March 25, 1974. On that date he spoke with defendant, Oliver and Bonds. During questioning at the police station defendant admitted hitting Oliver, but claimed that Oliver had a stick in his hand at the time. Oliver told him defendant and Walker had fought with Bonds earlier, and that defendant and Walker had attacked him when Bonds fled. Oliver did not tell Bertucci that Walker struck him, only that defendant struck him. Bonds told him that he saw defendant and Walker fleeing the scene, and that Oliver was lying on the sidewalk.\nKaren Kimbrough (for the defense)\nShe had known defendant and Oliver for five years. On the evening in question as she arrived to visit defendant, she saw defendant and Oliver arguing in the alley behind Oliver\u2019s house. Neither defendant nor Oliver possessed weapons at that time. The argument lasted about 15 minutes, after which she accompanied defendant across the street to his house and sat with him on the porch. Shortly thereafter Oliver came out of his gangway shouting obscenities at defendant. This lasted for about five minutes, during which time Oliver obtained a stick, shook it, but did not cross the street.\nDefendant walked across the street unarmed when Oliver uttered a remark concerning defendant\u2019s mother. Bonds was standing approximately seven feet from Oliver after defendant crossed the street. The argument between Oliver and defendant continued, and then Oliver tried to hit defendant with a stick he was holding. Defendant dodged the blow and picked up another stick. They continued arguing and swinging at each other until finally defendant landed a blow. During this time Bonds was watching the entire proceedings. Defendant received a scrape on the jaw from Oliver during the incident. Oliver did not fall or stumble when struck by defendant. Instead, he ran toward the alley, followed by Bonds. Bonds did not challenge defendant when Oliver was hit. Ms. Kimbrough, who observed the incident from a distance of five or six feet, then walked with defendant back to his own house.\nDefendant\nOn March 3 he was gambling in Oliver\u2019s home with Walker, Bonds and Oliver. Oliver was \u201cdrunk when he got there.\u201d Arguments sprang up during the gambling; however, no threats of bodily harm were made. All the participants left together. The argument resumed in the alley and continued for about 15 minutes, at which point Oliver tried to pull a knife out of his pants and Walker hit him in the jaw. The knife flew out of Oliver\u2019s hand and into the grass. Bonds did nothing at this time. Defendant and Ms. Kimbrough then went across the street to his home and sat on the porch.\nOliver came out of his gangway yelling obscenities at defendant for about 10 minutes. Oliver held a stick but did not cross the street. Defendant crossed the street to Oliver, however, \u201cafter he called me out.\u201d As he approached Oliver, defendant had nothing in his hands and said nothing. When he was within two feet of Oliver, Oliver threatened to \u201cbust his head\u201d with the stick he was carrying. Oliver then swung at defendant who fell to the ground and picked up a stick of his own. They began a series of swings at each other and finally, after receiving a blow to his jaw, defendant hit Oliver. Each of them then went home. During the incident, defendant saw Bonds standing approximately five feet away.\nOpinion\nDefendant, whose theory at trial was self-defense, initially contends that he was not proved guilty of aggravated battery beyond a reasonable doubt in that \u201cthe trial judge found the State\u2019s evidence unsatisfactory and in addition, its findings support the innocence of the defendant.\u201d Defendant points to certain comments of the trial court as indicating that the evidence was insufficient to remove a reasonable doubt of guilt. We disagree.\nDefendant initiates his argument by noting the statement of the trial court that the case left much to be desired on both sides. Defendant contends that the court\u2019s \u201cdissatisfaction with the State\u2019s case is easily understandable,\u201d in light of the incredible testimony elicited from the State\u2019s witnesses. Specifically, defendant points to the following statement by the trial court as indicating that the court found Benny Oliver\u2019s testimony incredible because Oliver\u2019s detailed description of what occurred is inconsistent with his being surprised by the blow:\n\u201cWell, it\u2019s possible that would happen. Prosecution witnesses say that it happened another way. And there is an inconsistency. The way the prosecution witness said that there is no question about that the victim said that he was alerted to the imminent \u2014 to the impending danger by a relative who said look out. And he turned around just in time to catch the blow. I hate to do this. And sees that the defendant had an iron pipe in his right hand and a pistol in the left hand. I don\u2019t know. But he says he saw it.\nI agree with you, Mr. Cheeks [defense counsel], I don\u2019t see how he could see all those things and it\u2019s \u2014 but we\u2019re still left with the fact that he did get this blow. And his attempt to explain it\u2014 defendant\u2019s attempt to explain it is not sufficient to show that there was any provocation.\u201d\nOur review of the record, however, indicates that there is no inconsistency in this regard. Oliver observed defendant cross the street, turned to his sister in response to her call, and when he turned back toward defendant he was struck immediately. While the trial court apparently misapprehended this sequence of events, the comments do not, as defendant now contends, indicate an abiding dissatisfaction with Oliver\u2019s testimony. Rather, the court went on to clearly say that the State\u2019s evidence established that Oliver was unarmed when struck by defendant, and specifically found defendant guilty beyond a reasonable doubt. Under such circumstances we cannot construe the trial court\u2019s comments as to the victim\u2019s ability to see all that he testified into a reasonable doubt of defendant\u2019s guilt.\nDefendant also argues that the trial court was not satisfied by the State's evidence because the testimony of Reginald Bonds and Benny Oliver conflicted as to the number of weapons carried by defendant, the manner in which he held the weapon, and the number of blows struck. Defendant concludes from such inconsistencies that \u201cone or both of the witnesses was not telling the truth.\u201d\nIn response, we note initially that such conflicts in testimony were not cited by the trial court as examples of any \u201cdissatisfaction\u201d with the State\u2019s case. In addition, in a bench trial the trial court\u2019s determination concerning the weight and credibility to be afforded the testimony of any witness will not be disturbed on review unless palpably erroneous. (People v. Arndt (1972), 50 Ill. 2d 390, 280 N.E.2d 230; People v. Guido (1962), 25 Ill. 2d 204, 184 N.E.2d 858; People v. Nichols (1975), 32 Ill. App. 3d 265, 336 N.E.2d 194.) Discrepancies in testimony, such as those cited by defendant, do not destroy the credibility of the eyewitnesses, but only go to the weight to be afforded their testimony. (People v. Bergeron (1973), 10 Ill. App. 3d 762, 295 N.E.2d 228; People v. Willis (1970), 126 Ill. App. 2d 348, 261 N.E.2d 723.) In the instant case the trial court chose to believe and credit the testimony of Bonds and Oliver as it related to the main issue in the case; e.g., that defendant was armed in some manner when he crossed the street and approached Benny Oliver, who was unarmed. We cannot say that the trial court erred in so doing.\nWe also note that there is no basis upon which to support defendant\u2019s inference that one or both of these witnesses committed perjury in the instant case. Such contradictions in testimony as those alluded to by defendant only go to the weight of the evidence and do not in any way indicate perjury. People v. Nuccio (1973), 54 Ill. 2d 39, 294 N.E.2d 276; People v. Moore (1969), 42 Ill. 2d 73; 246 N.E.2d 299, aff'd in part and rev\u2019d in part, 408 U.S. 786, 33 L. Ed. 2d 706, 92 S. Ct. 2562 (1972).\nDefendant argues that the credibility of Bonds as a witness is further weakened because his testimony conflicts with that of Officer Bertucci. At trial, Bonds testified he did not tell Bertucci that he saw Oliver lying on the sidewalk, and he did not recall telling Bertucci that he saw defendant and Walker fleeing as he arrived on the scene. Officer Bertucci testified to the contrary. Again, such discrepancies merely go to the weight to be given such testimony. In the instant case, all occurrence witnesses placed Bonds on the scene when the blow was struck; thus the trial court can hardly be faulted for apparently crediting the testimony of Bonds. Moreover, a conviction may rest upon the testimony of a single witness, if positive and credible, even though his testimony is contradicted by the accused. (People v. Pride (1959), 16 Ill. 2d 82, 156 N.E.2d 551; People v. Echoles (1976), 36 Ill. App. 3d 845, 344 N.E.2d 620.) Thus, if it had so chosen, the trial court could have based its verdict solely on the testimony of the complaining witness.\nDefendant next points to the following comment by the trial court:\n\u201cWhat stands out is that the victim, who was taunting the defendant and in a fashion which was intended to and which did aggravate the defendant. That the defendant left his home, his porch, and walked across the street, to where the victim\u2014 complaining witness was. And there, a fight ensued and the victim was severely injured. Those facts, everyone agrees.\u201d\nDefendant claims that \u201cimplicit in the above statement is the rejection of the testimony of Oliver and Bonds since they denied the very facts which the court found undisputed.\u201d We cannot agree.\nIt is apparent that in the instant case the trial court, in finding defendant guilty, believed a portion of the State\u2019s case and a portion of defendant\u2019s case, as was its prerogative as the trier of fact. (People v. Echoles; People v. Bereta (1974), 20 Ill. App. 3d 867, 314 N.E.2d 659.) While the trial court accepted defense testimony concerning the taunting of defendant, it also specifically relied on the State\u2019s witnesses to find that the victim was unarmed when struck by defendant, which testimony as the court stated, \u201cmalees the defendant guilty beyond a reasonable doubt.\u201d Since aggression by a victim, sufficient to justify a finding of self-defense, is not established by a finding that the victim called the defendant foul names (see People v. Dare (1919), 288 Ill. 182, 123 N.E. 321), the trial court here properly concluded that \u201cdefendant\u2019s attempt to explain it [the blow] is not sufficient to show that there was any provocation.\u201d Thus, the court, based on its determination of the facts, properly rejected defendant\u2019s claim of self-defense.\nIn sum, the court\u2019s remarks concerning facts to which \u201ceveryone agrees\u201d reflect nothing more than a portion of the court\u2019s decision-making process. Certainly, they can in no way be construed as indications by the court that it entertained a reasonable doubt of defendant\u2019s guilt.\nLastly, defendant refers to the trial court\u2019s comments during the sentencing hearing, and claims that these remarks manifest speculative decision-making by the court. Specifically, he points out the following remarks by the court:\n\u201cI\u2019m impressed by his [defendant\u2019s] weight and size as opposed to the weight and size of the victim. It says here he was five feet nine and weighs 210 pounds, about 25 years old, and it appears that is not correct. It is my recollection the victim was about five feet seven or eight, weighing about 130 pounds, no match. Even if there had been an attack by the victim on defendant, a man is entitled to repel an attack, not to punish someone for having attacked, even if he did by the self-defense theory, which I don\u2019t know.\u201d\nDefendant ignores, however, the unequivocal statement by the trial court reiterating its prior guilty finding, made at the completion of post-trial motions just prior to sentencing:\n\u201cThe Court: Having considered the past arguments and the arguments today I am still not persuaded that there was unsufficient [sic] evidence for a finding of guilty and he is guilty beyond a reasonable doubt, and therefore, the defendant\u2019s motion for a new trial and judgment, will be denied.\u201d\nUnder these circumstances we must view the court\u2019s remarks as, at best, consideration by the court of a hypothetical fact situation and the law applicable thereto, in response to defense arguments during the hearing on post-trial motions. This reference by the court to a hypothetical state of facts, however, cannot be elevated to a reasonable doubt of guilt where the court has previously rejected defendant\u2019s self-defense claim, found that the victim was unarmed when attacked by defendant, and has twice stated that defendant was \u201cguilty beyond a reasonable doubt.\u201d Cf. People v. Miles (1971), 133 Ill. App. 2d 599, 273 N.E.2d 647.\nDefendant\u2019s second contention is that the trial court erred in excluding testimony concerning the victim\u2019s violent character. During defense counsel\u2019s direct examination of Karen Kimbrough the foEowing exchange occurred:\n\u201cQ: Are you fam\u00fciar with Mr. Oliver\u2019s reputation in the community for violence?\nA: Some of them.\nQ: Do you know of specific instances of Mr. Oliver\u2019s violence?\nMR. ROMANO [prosecutor]: Objection.\nTHE COURT: Objection sustained.\nMR. CHEEKS [defense counsel]: Basis?\nTHE COURT: Not material.\u201d\nDefendant now argues that such questions constituted an attempt to introduce evidence of the victim\u2019s violent character. However, we agree with the State that this argument should have been presented to the trial court in the form of an offer of proof, and that failure to do so precludes review of defendant\u2019s claim on appeal.\nWhere testimony is refused by the court, no appealable issue remains unless a formal offer of proof is made (Harris v. Algonquin Ready Mix, Inc. (1973), 13 Ill. App. 3d 559, 300 N.E.2d 824, aff'd, 59 Ill. 2d 445, 322 N.E.2d 58 (1974)), or it is apparent that the trial court understood the nature of the objection and the character of the evidence intended to be introduced (Schusler v. Fletcher (1966), 74 Ill. App. 2d 249, 219 N.E.2d 588), or where the question itself and the circumstances surrounding it are sufficient to indicate the problem and the admissibifity of the evidence. (Creighton v. Elgin (1944), 387 Ill. 592, 56 N.E.2d 825; Ryan v. McEvoy (1974), 20 Ill. App. 3d 562, 315 N.E.2d 38.) In the instant case no offer of proof was made and it is not apparent from the attendant circumstances that the court should have been aware of exactly what testimony the defense was seeking to elicit, and to what end. The aEeged purpose of trial counsel to elicit character testimony was hardly evident when the question was asked, in light of counsel\u2019s immediately-preceding inquiry into the victim\u2019s reputation in the community.\nOur Supreme Court stated in People v. Hicks (1935), 362 Ill. 238, 243, 199 N.E. 368, 370, that:\n\u201cWhile the terms \u2018character\u2019 and \u2018reputation\u2019 have sometimes been loosely and synonymously used, such use is inaccurate in that it faffs to recognize that \u2018character\u2019 means what a person reaEy is while \u2018reputation\u2019 means what he is supposed or estimated to be.\u201d\nThus, specific acts of prior aggression are not admissible to prove one\u2019s reputation; but they may be admissible as tending to establish one\u2019s character. (See People v. Baer (1976), 35 Ill. App. 3d 391, 342 N.E.2d 177.) In the instant case counsel\u2019s question regarding specific instances of violence occurred in the context of an inquiry into the victim\u2019s reputation in the community. It is not evident from the record that counsel was abandoning his line of inquiry into the victim\u2019s reputation. Indeed, from the record it would appear that counsel was continuing inquiry into the victim\u2019s reputation when he asked the witness whether she knew \u201cof specific instances of Mr. Oliver\u2019s violence.\u201d This impression finds support in defense counsel\u2019s opening statement to the trial court in the case at bar, wherein counsel represented that reputation evidence would be elicited. Thus, where it would appear that this question concerning specific acts of violence was aimed at eliciting reputation testimony, the question would be improper and an objection to it properly sustained.\nIt is for this reason that an offer of proof concerning the nature of the testimony sought, i.e., reputation or character, was necessary. Under the circumstances it was perfectly natural to assume counsel was eliciting reputation testimony. Thus, the failure to make an offer of proof prevents this court on review from knowing what the testimony actually would have been, reputation or character, and we therefore cannot review any alleged error in its exclusion. People v. Burris (1971), 49 Ill. 2d 98, 273 N.E.2d 605.\nFurthermore, we note that there was nothing to prevent a rephrasing of the question by trial counsel, nor was there anything to preclude counsel from continuing his inquiry into the victim\u2019s reputation and thereafter initiating inquiry into the victim\u2019s alleged violent character. There was no in limine order entered by the court precluding such inquiries. Thus, defendant\u2019s contention that the trial court\u2019s ruling precluded full presentation and development of his defense of self-defense is wholly without merit.\nFor the foregoing reasons the judgment of the circuit court of Cook County is affirmed.\nAffirmed.\nSULLIVAN, P. J., and WILSON, J., concur.", "type": "majority", "author": "Mr. JUSTICE MEJDA" } ], "attorneys": [ "James Geis and William S. Clark, Jr., both of State Appellate Defender\u2019s Office, of Chicago, for appellant.", "Bernard Carey, State\u2019s Attorney, of Chicago (Laurence J. Bolon, Mary Ellen Dienes, and Timothy Quinn, Assistant State\u2019s Attorneys, of counsel), for the People." ], "corrections": "", "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RALPH MONTGOMERY, Defendant-Appellant.\nFirst District (5th Division)\nNo. 76-782\nOpinion filed July 29, 1977.\nJames Geis and William S. Clark, Jr., both of State Appellate Defender\u2019s Office, of Chicago, for appellant.\nBernard Carey, State\u2019s Attorney, of Chicago (Laurence J. Bolon, Mary Ellen Dienes, and Timothy Quinn, Assistant State\u2019s Attorneys, of counsel), for the People." }, "file_name": "0324-01", "first_page_order": 346, "last_page_order": 354 }