Appeal from the Circuit Court of Cook County, Criminal
Division; the Hon. THOMAS H. FITZGERALD, Judge, presiding.
MR. JUSTICE MCCORMICK DELIVERED THE OPINION OF THE COURT.
Clarence Sledge, the defendant, was convicted of robbery in a jury trial in the Criminal Division of the Circuit Court of Cook County and sentenced to three to seven years in the Illinois State Penitentiary. The defendant was tried before a jury at the same time as his co-defendant, Jackson, was tried in a bench trial. A summary of the testimony of all the witnesses is set out in People v. Jackson, 71 Ill. App.2d 293, ___ N.E.2d ___, which opinion was handed down this same day.
In his brief the defendant, Sledge, admits that there was sufficient evidence adduced at the trial to warrant the jury's verdict of guilty. He urges in this court that the judgment should be set aside on the ground that he did not receive a fair trial. He objects (1) that the prosecutor made prejudicial remarks in the presence of the jury; (2) that it was error to introduce into evidence defendant's prior conviction of a crime in another state which was not classified as an infamous crime under the Illinois statute; and (3) that the court erred in refusing a cautionary instruction offered by the defendant.
The first objection of the defendant relates to that portion of the trial when he was testifying in his own behalf. He had testified without objection on direct examination that one of the arresting officers had struck him with his fist. The prosecutor cross-examined him with respect to that phase of his testimony and adduced testimony that Officer Scanlan had struck the defendant with his fist in the mouth and in the eye. Then the prosecutor asked him which eye; the defendant indicated and stated that there was a Cook County Jail I.D. card which would prove he was struck in the eye. Then the following occurred:
Q. That is what I was going to show you.
A. He hit me in the right eye, there, it's black.
The State's Attorney then asked: Would you stipulate to have this go to the jury?
The Court: If you want to enter into a stipulation, talk about it outside the presence of the jury.
The State's Attorney then asked the following:
Q. That is the evidence here, this picture Sledge answered: That is where he hit me in the eye.
Counsel for Sledge then objected and the court sustained the objection.
The State's Attorney stated: I am through with this witness; want to ...