57 N.E.2d 345 | Ill. | 1944
George Pierce, plaintiff in error, was, with Edward Robinson, Benny Albert Scott, and Louis Offield, jointly indicted at the August term, 1942, of the criminal court of Cook county, for the murder of Joseph Claudy, which occurred July 27, 1942. By two other indictments, returned at the same term, they were charged with two separate robberies, also committed on July 27, 1942. All defendants pleaded guilty to the two robbery charges. Robinson pleaded guilty to the murder indictment. The other defendants pleaded not guilty and waived their right to a jury trial. No witnesses were produced by the People. *610 They relied entirely upon a stipulation entered into by the defendants and their respective counsel as to what the evidence for the prosecution would be and what the People's witnesses would testify if present and sworn. No evidence was introduced by the defendants except evidence in mitigation, consisting of the testimony of the four defendants and of Robinson's mother. The evidence in all the cases was heard by the same judge, at the same time. At the conclusion, Pierce, Scott and Offield were found guilty of murder and sentence was pronounced against all defendants. On the murder charge Robinson was sentenced to the penitentiary for a term of one hundred and ninety-nine years; Pierce for the term of his natural life; and Scott and Offield each for a term of twenty years. The four defendants were each sentenced on each of the robbery charges for a term of years not less than one nor more than life. All sentences were to run concurrently. Pierce has sued out this separate writ of error for a review of the judgment finding him guilty of murder and fixing his imprisonment in the penitentiary for the term of his natural life.
The undisputed facts are that about 11:30 on the morning of July 27, 1942, the four defendants met at the home of George Pierce and immediately left in an automobile owned and driven by Pierce. They had with them in the car a loaded revolver, also belonging to Pierce. After driving for a short time over various streets in the city of Chicago, they saw a Howard Cake Company truck parked in front of a store, where the driver was making a delivery; and it was agreed among the four that Robinson was to "stick-up" this truck. Robinson left the car, taking with him the gun, which plaintiff in error handed him. He compelled the driver of the truck, Joseph Claudy, at the point of the gun, to proceed as he directed. The car, with Pierce driving, followed the truck until it turned into an alley. The car continued past the alley and stopped a half or three-quarters of a block away. During the robbery *611 Claudy was shot and killed by Robinson, either accidentally or in order to escape from the deceased. Robinson then ran back to the street, got in the car, and returned the gun to Pierce. They drove to another part of the city where they divided the proceeds of the robbery among them. Pierce, Scott and Offield were arrested August 3, 1942, while riding in Pierce's car, in a panel compartment of which was the revolver with which Claudy was shot and killed. Robinson was arrested on the morning of August 5, 1942, and in the afternoon of that day he and his codefendants, Pierce, Scott and Offield, were brought to the State's Attorney's office, where their joint statement was taken, which was transcribed by a court reporter and, by stipulation, read to the court at the hearing.
It is contended by plaintiff in error that the court did not properly explain to him the nature and consequences of his waiver of a jury trial and the nature and consequences of his stipulation as to the evidence; that he was not warned that by said waiver and stipulation he was deprived of his right to have his punishment fixed by a jury and his right to cross-examine and meet his accusing witnesses face to face; and that his subsequent conviction, under such circumstances, was a denial to him of the due process of law guaranteed by the constitution.
These contentions cannot be sustained. Plaintiff in error was represented in the criminal court by counsel of his own choosing. The record discloses that after a continuance to permit him to decide whether he wanted a jury trial, both Pierce and his attorney advised the court they desired to waive a jury. There is no foundation for any claim that his waiver of a jury was not understandingly made.
In the case of People v. Malin,
Plaintiff in error also contends that much of the stipulated evidence was incompetent and prejudicial and should have been excluded by the court on its own motion. He claims the evidence of John Miles, a witness who was standing in a nearby doorway at the time of the shooting and saw the deceased fall to the ground and Robinson run from the scene with a gun in his hand, was incompetent because not in the presence of Pierce, who was parked a half block away; and that the evidence of the arrest of Pierce, Scott and Offield, while carrying a concealed weapon was incompetent because it was proof of a separate and independent crime. He also points out as prejudicial and incompetent the proof of three checks being taken from Scott after his arrest without identifying them as checks obtained in the robbery of the deceased, and the taking of a joint statement from the four defendants in which Robinson told how he killed the deceased when the others were a half block away. He also claims he was prejudiced by the agreement of court and counsel that the transcript of *613 a re-enactment of the crime was unnecessary to be read in evidence, claiming that the re-enactment would have shown Pierce so far away in his car that a very grave question would have arisen as to whether or not he was closely enough connected with the transaction to be charged as a principal. It is further argued that the statement of Pierce was not a confession of guilt and should not have been so considered. There is no merit in any of these contentions.
The law has long been well settled that if several conspire or agree to commit a robbery or other criminal act and, during its commission, a killing occurs, all are equally guilty of murder.(Brennan v. People,
Plaintiff in error, by his own statement, regardless of whether it be called a confession or admission, discloses that he was an active participant in the commission of the robbery in which the killing occurred; that he furnished *614
the car and the gun used in the commission of the crime and shared in the proceeds of the robbery; and that his object and purpose in starting out with the others on the morning in question was to obtain money by "stick-ups" or robberies. It is not necessary that a conspiracy be charged in the indictment to permit the introduction of testimony that a conspiracy existed, and where a conspiracy is established every act or declaration of any of the conspirators in furtherance of the common purpose is regarded as an act or declaration of each of them and may be proved against all. (People v. Meisenhelter,
It is further contended the evidence of the arrest of Pierce, Scott and Offield, having in their possession the revolver used in the robbery, was proof of another crime not related to the offense charged in the indictment. With this we cannot agree. It is always proper to prove the facts and circumstances attendant upon the arrest of a defendant for the crime for which he is being tried, where such facts and circumstances logically tend in any degree to connect him with the perpetration of the crime.(People v. Gallina,
Plaintiff in error further argues that his culpability is no greater than that of his codefendants who were sentenced to a term of twenty years, and that fairness and public policy demand that he receive no greater sentence than they. Plaintiff in error was found guilty of the crime of murder. The punishment imposed on him by the court, although severe, is one of the punishments provided by law for the crime committed. The discretion of the trial court in fixing the punishment or sentence within the limits prescribed by law will not be reviewed except for abuse. This court cannot say that there has been an abuse of discretion in imposing upon Pierce a greater sentence than given his codefendants, Scott and Offield.
The judgment of the criminal court is affirmed.
Judgment affirmed. *616