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People v. Peterson

Citations: 34 Ill. App. 2d 352; 181 N.E.2d 364; 1962 Ill. App. LEXIS 491Docket: Gen. No. 48,511

Court: Appellate Court of Illinois; January 30, 1962; Illinois; State Appellate Court

Narrative Opinion Summary

This case involves the conviction of two law enforcement officers for conspiracy to obstruct public justice, following an indictment by the Cook County Grand Jury. The defendants, a police officer and a detective, were implicated in a scheme to substitute stolen property to manipulate judicial outcomes. The primary legal issue revolved around the admissibility and credibility of testimony provided by an accomplice witness, Richard Morrison, whose statements implicated the defendants in corrupt activities. The defense contended that Morrison's testimony should be struck due to his evasive conduct during cross-examination. However, the court allowed the testimony, emphasizing that Morrison had been thoroughly cross-examined and that his testimony was corroborated by other evidence. The court addressed the defendants' citation of case law concerning witness rights against self-incrimination and clarified its inapplicability. Ultimately, the court upheld the convictions, concluding that the evidence presented, including Morrison's testimony, was sufficient to establish guilt beyond a reasonable doubt. The judgment was affirmed, with the defendants receiving a jail sentence and a fine, respectively.

Legal Issues Addressed

Accomplice Testimony and Corroboration

Application: The court emphasized that accomplice testimony, if credible enough to convince the jury beyond a reasonable doubt, could support a conviction, noting corroboration of Morrison’s account.

Reasoning: The court emphasized the need for caution regarding accomplice testimony but stated that such testimony could support a conviction if credible enough to convince the jury beyond a reasonable doubt.

Conspiracy to Obstruct Public Justice

Application: The defendants were convicted for engaging in a conspiracy to obstruct justice by facilitating the substitution of stolen property to influence judicial proceedings.

Reasoning: A writ of error was filed to review the conviction of John Peterson and Glenn Cherry for conspiracy to obstruct public justice, following their indictment by the Cook County Grand Jury on March 25, 1960.

Right Against Self-Incrimination

Application: The court rejected the defendants' argument for striking Morrison's testimony, clarifying that his refusal to answer certain questions was not applicable under cited precedents.

Reasoning: The defendants referenced Lowry v. Chicago, N.W. R. Co. to argue for striking Morrison's testimony due to his refusal to answer certain cross-examination questions; however, the court found this case inapplicable as it did not involve a co-defendant’s right against self-incrimination.

Witness Impeachment and Credibility

Application: The court allowed extensive cross-examination of the accomplice witness, Morrison, despite his evasive behavior, focusing on his credibility and past as a perjurer.

Reasoning: The excerpt addresses the impeachment and credibility of a witness, Morrison, who admitted to guilt in the charged crime and acknowledged his past as a perjurer and informer against police officers.