People v. Smith

Defendant was indicted for intimidation in violation of section 12 — 6 of the Criminal Code (Ill. Rev. Stat. 1973, ch. 38, § 12—6), and for communicating with a witness in violation of section 32 — 4(b) of the Code (Ill. Rev. Stat. 1973, ch. 38 § 32—4(b)) by reason of having threatened to kill one Joseph Scherff should the latter testify against him in another pending criminal cause. An initial hearing resulted in' a mistrial. Thereafter the cause was set for hearing before another judge and proceeded to hearing on February 11, 1974. Defendant invoked his constitutional right of…