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33 Ill. App. 3d 779

338 N.E.2d 434

People v. Lott

Appellate Court of Illinois

Decided November 28, 1975

Appellate Court of Illinois · decided 1975-11-28

Relies on 32 Ill. 2d 299 - The PEOPLE v. Kees

Good law ✅— No negative treatment on recordhow we know

Decided 1975-11-28

How this case has been cited

Cited by 19 later decisions — most recently January 1996

19 state decisions

120197519801990decided

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. JUSTICE ALLOY,

¶1dissenting:

¶2I agree with the majority opinion in what is said as to all issues except the issue of determining whether the trial court exercised sound discretion in denying defendant’s motion for continuance for the purpose of finding surrebuttal witnesses. As noted in the majority opinion, nowhere in the post-trial motion is there an issue raised concerning the propriety of the action of the court in denying defendant’s motion for continuance. It should also be emphasized that the continuance involved here raises the question of whether or not to grant a continuance during the course of a trial. The action of the trial court in denying a continuance under such conditions should not be disturbed on review unless there is a manifest abuse of discretion. (People v. Kees (1965), 32 Ill.2d 299, 205 N.E. 2d 729.) From the record it appears that after the testimony of witness Nitz, defendant requested a continuance for the purpose of finding out who was present when the admission was made, according to the testimony by Nitz. The trial court did not deny the defendant the opportunity to introduce evidence to refute the testimony by Nitz. The defendant himself testified and denied the statement made by Nitz as to admission of guilt. The court was, therefore, confronted with a motion for a continuance in the midst of a trial for the purpose of finding surrebuttal witnesses who might impeach a rebuttal witness. The affidavits as to other possible witnesses which were secured were secured several days after the trial, and were not presented when the motion was made.

¶3To find that there was an abuse of discretion by the trial judge where a motion for continuance is made under such circumstances and where the evidence of guilt on part of defendant did not depend wholly on the testimony of Nitz, I believe, was not proper on review. Accordingly, I believe that there was no abuse of discretion on the part of the trial judge in denying the motion for continuance and that the judgment of the Circuit Court of Rock Island County should be affirmed.

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