Error to the Circuit Court of Sangamon County; the Hon. CREEL
DOUGLASS, Judge, presiding. Judgment of conviction affirmed.
This is an appeal from a conviction for the offense of robbery. The defendant was sentenced to the penitentiary for not less than two nor more than eight years by the circuit court of Sangamon County after being convicted at a jury trial.
The defendant asserts four separate errors as grounds for this appeal:
1. That the defendant should have been discharged under the four months' rule. (Ill Rev Stats 1961, c 38, § 748.)
2. That the trial court erred in admitting testimony prejudicial to the defendant.
3. That the evidence was insufficient to prove the defendant guilty beyond a reasonable doubt.
4. That the trial court erroneously instructed the jury on the issue of flight.
The evidence shows that the complaining witness testified that he had just been paid and had on his person approximately $155 in small bills; that he was drinking with the defendant in the Hi-De-Ho tavern. He stated that after he left the tavern the defendant followed him and shoved him into a taxicab that the witness was about to enter, and thereafter robbed him. Later, the witness testified he was in the Starlight tavern. The State called several witnesses, Harold Boyer, Nathaniel Beeler and Avonette Boyd, who testified that the defendant attempted to rob the complaining witness, Boyer, earlier in the Starlight tavern.
The State also called Stanley Gureski, who testified he was driving a taxicab for the Lincoln Cab Company on the date in question. He stated that he picked up the complaining witness at the Starlight tavern and that, as his passenger was entering his cab, the defendant ran from the tavern, pushed and followed the complaining witness into the taxicab. The witness Gureski then went into the tavern to call the police. When he returned, the complaining witness was getting out of the cab with his wallet in hand and stated, "I was robbed."
The arresting officer testified that he arrested the defendant an hour to an hour and one-half later at his apartment. He stated that the defendant had $85 in his possession at the time of his arrest. The defendant's roommate, Agnes Baldwin, corroborated this account.
Vanzella Freemon, the defendant's girl friend, testified she loaned the defendant $15, Davis Cole testified he loaned the defendant $25, Merle Graham testified he paid the defendant $36 and Nicholas Anthony testified he paid the defendant $13.05 all on April 6, 1962, the date in question.
Ulysses Holifild testified he was present at the Starlight tavern on April 6, 1962, and saw the defendant talking to the complaining witness through the window of a cab. He stated there was no scuffle and that no money was taken. He testified he was there until the police arrived. On cross-examination he stated the defendant was dating his sister.
The defendant was first arrested on April 6, 1962, the date of the alleged offense, and remained in the Sangamon County jail until he was finally brought to trial on October 8, 1962.
The defendant was first brought to trial on July 16, 1962. However, after a jury was empaneled and testimony taken, the defendant moved for and was granted a mistrial. ...