PEOPLE v. MACHROLI Gen. No. 51,338.
100 Ill. App.2d 227 (1968)
241 N.E.2d 609
People of the State of Illinois, Plaintiff-Appellee, v. Michael Machroli, Defendant-Appellant.
Appellate Court of Illinois — First District, First Division.
October 14, 1968.
Gerald W. Getty, Public Defender of Cook County, of Chicago (Constantine P. Xinos and James J. Doherty, Assistant Public Defenders, of counsel), for appellant.
John J. Stamos, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and Richard A. Rinella, Assistant State's Attorneys, of counsel), for appellee.
MR. PRESIDING JUSTICE BURMAN delivered the opinion of the court.
On appeal, the defendant contends (1) that the State failed to prove him guilty of aggravated battery against the person of Sharie Bianca beyond all reasonable doubt; (2) that his motion to suppress a white box and three tablets should have been sustained; and (3) that he was not proven guilty of possession of narcotics beyond all reasonable doubt.
We summarize the evidence. Mrs. Sharon Bianca, a widow, testified that she, her two daughters, Sharie, age two, and Rosemarie, age five, and the defendant lived in a basement apartment at 3418 LeMoyne in Chicago. She stated that on the morning of January 7, 1966, shortly after the defendant had awakened, he became extremely upset about the fact that most of the pudding he had made the night before had been eaten. Although she told the defendant she had eaten the pudding, he blamed the children. The defendant then grabbed one of the children, Sharie, and began slapping her with his open hand. Mrs. Bianca was unable to remember where defendant slapped Sharie, but said that it was with sufficient force to knock the child down and make her cry. Mrs. Bianca further testified that the defendant complained that one of the children had been playing with his cigarette lighter. He accused Rosemarie and when the child denied the accusation he said she was lying. At that point, Mrs. Bianca said she heard her daughter, Rosemarie screaming. When Mrs. Bianca entered the bedroom she saw Rosemarie lying on the bed, a doll in defendant's hand, and a red mark on
Police Officer, Roy Handler, testified that he answered a police call at 3418 West LeMoyne in Chicago on the day in question. When he arrived he found the defendant cornered by Mrs. Bianca, her mother and her grandmother. He stated that he observed multiple bruises on Sharie's back and on the side of her head. The officer also noticed that Rosemarie had a bruise on her thigh. He then arrested the defendant.
Michael Machroli, the defendant, testified that on the morning in question he had tried to wake Mrs. Bianca in order that she could take her daughter, Sharie, to the doctor to get the child's eyeglasses. After giving up the attempt to rouse Mrs. Bianca, the defendant went into the kitchen and found the two girls playing with matches and his lighter. The defendant said he scolded the girls for playing with fire and spanked them. He admitted slapping Sharie about three times, but he did not recall
The defendant argues that his status in Mrs. Bianca's household cast him in the role of loco parentis, and within that capacity, he had the right and duty to discipline Sharie. Secondly, he argues that even if his conduct was outside the protection of loco parentis status, the evidence presented by the State was insufficient to convict him of aggravated battery.
The second of the defendant's three contentions concerns the motion to suppress a white box and three tablets offered in evidence by the State. The defendant does not dispute that he was lawfully arrested on charges of aggravated battery, but argues that the warrantless search that turned up the narcotics was illegal in that it was not conducted contemporaneously with and incidental to the arrest.
At the pretrial hearing on the motion to suppress, the defendant testified that when he was arrested in Mrs. Bianca's apartment, a police officer handed him his clothes and that after he had put them on he was taken to the police station. The defendant said he did not know that he was charged with illegal possession of narcotics until four days after his arrest on the battery charge. He also stated he did not remove anything from his pants after they were handed to him by the arresting police officer.
Officer Roy Handler testified that when he arrived in the apartment the defendant was sitting in his underwear in the bedroom. After placing the defendant under arrest he handed the defendant his trousers. Before the defendant came out of the bedroom the officer stated that he observed the defendant remove a box from his pants pocket and saw him place it on a dresser in that room. Officer Handler said he picked up the box and found three small tablets inside. When the officer asked the defendant what he did with the pills, the defendant replied that "he takes them." On cross-examination the officer said he had not searched the trousers before giving them to the defendant and he did not know what was in the box at the time of the arrest. Officer Handler
The defendant's third and last contention involves whether he was proven guilty of possession of narcotics beyond all reasonable doubt. In support of this contention the defendant maintains that Officer Handler's testimony that he did not search the defendant's trousers, that he saw the defendant take a box out of his trousers and place it on the dresser, and that he pocketed the box
The record shows that Officer Handler testified that he observed the defendant take a white box out of his trouser pocket and place it on the dresser. Officer Handler also testified that he looked in the box and found three pills inside and that when he asked the defendant if they were his the defendant replied they were. Officer Handler further testified that the box containing the pills was inventoried and that he and another officer took the box and pills in a sealed package to the crime laboratory for analysis. The box and three pills were offered and received in evidence and were the only narcotics offered by the State.
Mrs. Bianca was recalled as a defense witness and testified that two policemen came to her apartment after the defendant had been taken to the police station. She said she gave the officers some drugs that were hidden under a chess board. It is this testimony that gives rise to the defendant's contention that Officer Handler searched the defendant's trousers, found nothing and that the narcotics offered and received in evidence were taken from the apartment after the police had arrested and removed the defendant. However, Mrs. Bianca also testified while a defense witness that the box she gave the police when they returned to her apartment was not the same one in evidence.
For the reasons given the judgment of the Criminal Division of the Circuit Court is affirmed.
ADESKO and MURPHY, JJ., concur.
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