People v. Stuckey

Illinois Appellate Court
Criminal Court
Witnesses
Citation
Case Number: 
2011 IL App (1st) 092535
Decision Date: 
Friday, September 30, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
CONNORS
Defendant was convicted, after jury trial, of communication with a witness, under Section 32-4(b) of Criminal Code. Evidence was sufficient to prove Defendant guilty beyond a reasonable doubt. Three persons testified that Defendant offered one witness $1000 if she did not give court testimony against another person, who was the defendant in a murder trial, orf else "something" would happen. The intent to deter a witness from appearing in court to testify includes the intent to prevent the witness from testifying at all, for the mens rea element of the offense. As evidence was not closely balanced, no prejudice from court's Rule 431(b) error in voir dire. (CUNNINGHAM and HARRIS, concurring.)