Appeal from the Circuit Court of Cook County, Criminal
Division; the Hon. CHARLES R. BARRETT, Judge, presiding. Reversed
MR. PRESIDING JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.
Upon a jury verdict finding defendant guilty, the trial court sentenced him to a term of four to ten years.
(1) The evidence relating to identification of defendant was insufficient to establish guilt of defendant beyond a reasonable doubt.
(2) Since defendant did not testify, the State's introduction of evidence concerning prior crime by defendant constituted reversible error.
(3) Denial of defendant's request for production of witness' statement to police and police report concerning same, to be used for impeachment purposes, was also prejudicial error.
(1) We have examined the record on the question of identification, and conclude that there was sufficient testimony, if believed, to support the jury's conclusion that defendant was the man who perpetrated the robbery.
(2) and (3). As to points (2) and (3), as set forth above, the State's Attorney has confessed error, and requested reversal and remandment. Since this calls for exercise of our judicial function, we have been required to examine the record in this regard also. People v. Kelly, 66 Ill. App.2d 204, 209, 214 N.E.2d 290.
During the State's case in chief, a police officer testified concerning an address to which he had gone in an attempt to locate defendant. Despite an anticipatory objection by defense counsel, the State's Attorney was permitted to ask the witness where he had obtained the address, and the officer responded: "From the Illinois State Parole Office." Objection and motion for a mistrial were overruled.
The inferences to be drawn from this testimony are so patent as to be obviously prejudicial to defendant who did not testify, and who therefore did not open up the question of his prior criminal record as it would relate to his credibility as a witness. We consider this to be sufficient grounds for reversal. See ...