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People v. Hubbard

OCTOBER 28, 1966.

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

v.

SYLVESTER HUBBARD, JUNIOR, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County, County Department, Criminal Division; the Hon. WALTER P. DAHL, Judge, presiding. Judgment of conviction affirmed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

OFFENSES CHARGED IN THE INDICTMENTS

Rape and robbery.

JUDGMENT

The causes were consolidated for trial, and after a jury verdict finding defendant guilty of both offenses, the court imposed concurrent sentences of 25 to 50 years for rape and 5 to 10 years for robbery.

POINTS RAISED ON APPEAL

(1) The indictments insufficiently alleged the time and place of the crimes charged.

(2) Certain stricken testimony was so prejudicial as to require a new trial.

(3) Defendant was deprived of his right to counsel at the trial.

OPINION

(1) Defendant's contentions as to the insufficiency of the indictments are based on the fact that the place of the crimes is designated only as being within the County of Cook, and the time of the crimes as being on "January 39th [sic], 1964." These arguments, made in reliance upon section 111-3 of the Code of Criminal Procedure (Ill Rev Stats (1963), c 38, § 111-3), are no longer available to defendant, having been disposed of contrary to his position by the decisions in People v. Blanchett, 33 Ill.2d 527, 212 N.E.2d 97; and People v. Petropoulos, 59 Ill. App.2d 298, 208 N.E.2d 323, affirmed, 34 Ill.2d 179, 214 N.E.2d 765.

(2) By not contending here that the evidence failed to establish his guilt beyond a reasonable doubt, defendant has conceded that there is ample proof of his guilt to be found in the record, as indeed there is. Defendant does contend, however, that he was prejudiced by the testimony of one of the State's witnesses, Police Officer Booker T. Porter, who testified on direct examination to conversations he had engaged in with defendant at the police station shortly after his arrest. Part of his testimony follows:

STATE'S ATTORNEY: Q. What did the defendant say to you at that time and what did you say to him?

A. I asked Mr. Hubbard what was the circumstances of his arrest, and he told me that he had gotten into some trouble at a house on Peoria Street with some woman in the house and that he had had relationships with two of the women in the house.

THE COURT: The jury is instructed to disregard the last statement of the witness. That is ...


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