[Download] "People v. Mcmullin" by Illinois Appellate Court Second District Reversed And Remanded * Book PDF Kindle ePub Free
eBook details
- Title: People v. Mcmullin
- Author : Illinois Appellate Court Second District Reversed And Remanded
- Release Date : January 04, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Defendant, Michael McMullin, was found guilty of burglary by a jury in the circuit court of Winnebago County and was sentenced to a three-year term of imprisonment. Defendant appeals contending that (1) questions by the prosecutor while cross-examining defendant and a comment during the prosecutor's closing argument regarding defendant's failure to protest his innocence to the police officer who arrested him were, even in the absence of prior Miranda warnings, impermissible under Illinois evidentiary law or, alternatively, under the State constitution (Ill. Const., art. I, sec. 10); (2) the trial court erred in not allowing defendant to testify about his state of mind at the time he told a police officer he ""should be getting a complaint for possession of stolen property instead of burglary""; (3) the trial court erred in not allowing defense counsel to ask a prospective juror, ""And do you understand that if there were two reasonable theories, one pointing toward guilt and the other towards innocence, it is your duty to vote not guilty?"" and (4) defendant was denied a fair trial by a closing argument by the prosecutor which included misstatements of evidence and other improper comments. Late the night of February 9, 1984, Ms. Charlotte Ellis, awakened by the sound of a running engine, looked out her kitchen door window and saw two men and a pickup truck in front of her garage. Ms. Ellis was sure the men saw her because they stopped and looked at her. She woke her husband, Lawrence, and they both saw the truck leaving with two ladders hanging out the back. Inspection of the garage revealed that two ladders and a snowblower were missing. The Ellises returned to the house and telephoned the police to report the burglary.