People v. Miller

Defendant was convicted, after bench trial, of aggravated possession of a stolen motor vehicle that was inoperable and left parked on the streets of Chicago. At trial, husband of vehicle owner testified that Defendant operated a towing and repair service and that husband sold vehicle for $40 to one of Defendant's employee's for scrap. Court should have permitted defense to rebut inference that vehicle was stolen, by showing that owner had knowledge that vehicle was not actually stolen, as whether Defendant was a bona fide purshaser was key issue. Court erred in excluding owner's testimony on hearsay grounds, as line of questioning did not call for hearsay answer. Errors prejudiced Defendant and deprived him of a fair trial, as evidence was closely balanced. Counsel was ineffective in failing to move to suppress Defendant's inculpatory statement made during custodial interrogation but without Miranda warnings. (HALL, concurring; LAMPKIN, dissenting.)