People v. Hill ( 1978 )

Mr. JUSTICE CRAVEN,

dissenting:

I would reverse and remand for a new trial. In my opinion, erroneous evidentiary rulings made by the trial court were of sufficient magnitude to deprive the defendant of a fair trial.

It was improper and impermissible to permit the People to introduce testimony that defendant had stated he could obtain controlled substances in large quantities and that he offered to supply such controlled substances for subsequent sale. The majority opinion strains to bring this testimony within the stated exception of Cole. There is a substantial factual distinction. In Cole, the testimony admitted was by a government agent that the defendant had twice previously sold narcotics to the agent. In this case, the admission of testimony that the defendant stated that he could subsequently supply drugs shows only a willingness to make a future sale and tends to establish absolutely nothing with reference to the charge on trial. The evidence was admitted to establish a continuing propensity to commit crime and as such it was within the proscription of Chronister. See People v. McDonald (1975), 62 Ill. 2d 448, 343 N.E.2d 489.

Defense counsel sought to question the State’s witness and informer Hunter, and asked Hunter, “Do you remember a conversation you had in my office with me June 28th, 1976?” The trial court sustained a general objection to that question and that general line of questioning. No reason was given for the ruling sustaining the objection. The general objection, of course, goes only to the question of relevance and materiality. Clearly, the defendant was entitled to impeach the witness Hunter by any prior inconsistent statement. Indeed, Hunter was the only witness to testify as to the source of the PCP. Within the rule of People v. Whitehead (1976), 35 Ill. 2d 501, 221 N.E.2d 256, the defense counsel was erroneously prevented from impeaching or laying the foundation to impeach an important prosecution witness.