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People v. Neukom

MAY 13, 1966.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

ARNOLD WAYNE NEUKOM, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County, Criminal Division; the Hon. THOMAS H. FITZGERALD, Judge, presiding. Affirmed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

CHARGE

Armed robbery. *fn1

DEFENSE AT TRIAL

Alibi.

JUDGMENT

After a bench trial, the court found defendant guilty and imposed a sentence of five to ten years.

POINTS RAISED ON APPEAL

(1) The indictment was insufficient for lack of specific allegations as to the time and place of the crime.

(2) The charge was not proved beyond a reasonable doubt because the identification evidence was unbelievable.

EVIDENCE

Testimony of State Witnesses

David Magidson

He was the clerk on duty at Foremost Liquor Store, 7138 Higgins, Chicago, on February 17, 1964 at about 9:15 p.m. At that time there came to the counter a man who was about 5'8" tall, 160 pounds, 23 years old, wearing a coat, cap, sunglasses, and with three bandages, two inches wide, horizontally covering parts of his forehead, nose and chin. The man asked for and was given cigarettes by Magidson who stood on the other side of the counter at a distance of not more than three feet. When payment was requested, the man exposed a gun, pointed it at Magidson and demanded all the money in the ...


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