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People v. White
Illinois Supreme Court
238 N.E.2d 389 (1968)
Anita White (defendant) worked at a nursing home where Idelle Broday and Mickey Kallick shared a room. Someone stole Broday’s ring off her finger. Kallick could hear but could not speak. However, Kallick learned to communicate by lifting her knee when her answer to a question was “yes.” Mrs. Van Kirk, the head nurse at the nursing home, asked Kallick if she knew who had taken the ring. Kallick replied “yes” by raising her knee. Van Kirk then presented nursing-home employees to Kallick until Kallick raised her knee to identify whom she thought to be the perpetrator. Kallick identified White, and the prosecution (plaintiff) charged White with the theft. At trial, Broday was incompetent to testify. The trial judge permitted Kallick to testify using her knee to answer questions. White was convicted, and she appealed.
Rule of Law
Holding and Reasoning (House, J.)
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