In re Brown

In a petition for adjudication of wardship filed by the People in the juvenile division of the Cook County circuit court Ronald Brown was charged with aggravated battery in that he shot a shotgun at Anthony Calloway, thereby injuring him. The trial judge adjudged Brown delinquent and committed him to the Illinois Department of Corrections. The appellate court reversed (49 Ill. App.3d 580), finding that the People did not prove that Brown committed the offense prior to his 17th birthday as required by the Juvenile Court Act (Ill. Rev. Stat. 1973, ch. 37, par. 701-1 et seq.), and that he was not proved guilty beyond a reasonable doubt. We agree that the proof does not establish guilt beyond a reasonable doubt. On February 27, 1975, a hearing was held on Brown's motion to suppress evidence due to the alleged illegality of his arrest. Several witnesses testified before Judge Costa, including Brown himself, who stated that he was 15 years old. After hearing the testimony of these witnesses and the arguments of counsel, Judge Costa denied the motion and immediately asked counsel to proceed with the case in chief.