People v. Sanders

3 Citing cases

  1. People v. Eisele

    77 Ill. App. 3d 766 (Ill. App. Ct. 1979)   Cited 10 times
    In People v. Eisele (1979), 77 Ill. App.3d 766, 396 N.E.2d 638, this court held, relying upon People v. Howell (1975), 60 Ill.2d 117, 324 N.E.2d 403, and People v. Hendrix (1973), 54 Ill.2d 165, 295 N.E.2d 724, that until the legislature or the Illinois Supreme Court acted further that dismissal of an indictment is not an appropriate remedy for a violation of section 7 of the Constitution.

    What constitutes a violation of section 7 and what remedy, if any, is available has been the subject of much litigation in recent years. People v. Howell (1975), 60 Ill.2d 117, 324 N.E.2d 403; People v. Hendrix (1973), 54 Ill.2d 165, 295 N.E.2d 724; People v. Kirkley (1978), 60 Ill. App.3d 746, 377 N.E.2d 540; People v. Kilgore (1976), 39 Ill. App.3d 1000, 350 N.E.2d 810; People v. Sanders (1976), 36 Ill. App.3d 518, 344 N.E.2d 479; People v. Todd (1976), 34 Ill. App.3d 844, 340 N.E.2d 669; People v. Price (1975), 32 Ill. App.3d 610, 336 N.E.2d 56; People v. Moore (1975), 28 Ill. App.3d 1085, 329 N.E.2d 893; People v. Hunt (1975), 26 Ill. App.3d 776, 326 N.E.2d 164. In most reported cases the defendant was initially charged by complaint or information, held in custody or to bail without a preliminary hearing, and later indicted by a grand jury for the same offense.

  2. People v. Benhoff

    366 N.E.2d 359 (Ill. App. Ct. 1977)   Cited 9 times
    In People v. Benhoff, 51 Ill. App. 3d 651, 652, 656 (1977), the victim, a police officer, was not physically injured or harmed at all.

    Absent an appropriate motion by defendant for a continuance and for the production of the report or an explanation of the failure to so produce it, it cannot be said that the trial court abused its discretion in failing to order such actions, sua sponte. ( People v. Sanders, 36 Ill. App.3d 518, 344 N.E.2d 479; People v. Wilson, 32 Ill. App.3d 842, 336 N.E.2d 92; People v. Embry, 12 Ill. App.3d 332, 297 N.E.2d 604.) Moreover, while it was clear that the police report was once in existence, at the time of trial the State denied having the report.

  3. People v. Tice

    359 N.E.2d 1228 (Ill. App. Ct. 1977)   Cited 3 times
    In People v. Tice (1977), 45 Ill. App.3d 639, 359 N.E.2d 1228, as in the instant case, testimony was elicited on direct examination that the defendant broke off post- Miranda warning in-custody interrogation and refused to talk further.

    The rule has also been stated as, `a conclusion that the defendant is guilty beyond a reasonable doubt need not follow necessarily from the proven circumstances, but may be obtained therefrom by probable deduction.' [Citations.]" People v. Sanders (1976), 36 Ill. App.3d 518, 522, 344 N.E.2d 479, 482. • 4 Reasonable doubt in circumstantial evidence cases is measured by whether the evidence leaves any reasonable hypothesis of innocence unanswered.