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eBook details

• Title: People v. Lewis
• Author : Supreme Court of Illinois
• Release Date : January 20, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

These three cases are from the circuit court of Rock Island County. All concern a common problem, whether the defense must be given the name and address of the informer involved in the narcotics sales under consideration. The appellate court (one judge dissenting) reversed all convictions for failure to disclose the identity of the informers. We granted a consolidated petition for leave to appeal. The facts are adequately set forth in the appellate court opinions (People v. Lewis (1973), 12 Ill. App.3d 762; People v. Flippo (1973), 12 Ill. App.3d 774; People v. Weathers (1973), 12 Ill. App.3d 776), and we will set forth here only those facts necessary to the decision of the cases. People v. Lewis concerns the joint trial of two defendants for the sale of heroin to an I.B.I. agent. The sole occurrence witnesses were the purchasing agent, the informer and the two defendants. The purchasing agent testified that the buy was arranged by a special employee of the I.B.I., i.e., a paid informer. This informer was the only person present when the sale allegedly took place other than the purchasing agent and the defendants. The defendants moved prior to trial for disclosure of the name and address of the informer. The motion was denied. At the trial, the defendant was not allowed to elicit the informer's name and address in that a detective sergeant alleged that threats had been made against her life. In response to a question seeking the reason for secrecy, he stated that it was because of the information that we received that some harm may come to this individual. The defendants denied that either the purchasing agent or the informer was present in the Armstrong house and denied any sale of narcotics.

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