People v. Cole

Appellate Court of Illinois

Decided June 12, 1975

Appellate Court of Illinois · decided 1975-06-12

Relies on 13 Ill. App. 3d 296 - People v. Reddock

Good law ✅— No negative treatment on recordhow we know

Decided 1975-06-12

How this case has been cited

Cited by 28 later decisions — most recently April 2009 · most notably 170 Ill. App. 3d 839 - People v. Bradney (1988), 389 Ill. App. 3d 1095 - People v. Dunmore (2009)

28 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. PRESIDING JUSTICE TRAPP,

¶1specially concurring:

¶2While concurring in the affirmance, I cannot agree with the conclusion that the testimony of Hurrelbrink regarding decedent’s stated intention to go to the “blockhouse” was inadmissible hearsay.

¶3Notwithstanding the statement in the opinion, such testimony was held to be properly admitted in People v. Reddock, 13 Ill.App.3d 296, 300 N.E.2d 31, which discusses such statements of intention as an exception to the hearsay rule in the light of the unavailability of the declarant and the reasonable probability of trustworthiness of such statement where there was no apparent reason for fabrication by declarant. See also the cases collected in Annot., 113 A.L.R. 268 (1938).

¶4Again, such testimony would appear to be admissible under Rule 803(3) of the Federal Rules of Evidence, effective July 1, 1975.