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People v. Capon Washington

MARCH 22, 1967.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

CAPON WASHINGTON, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County, Criminal Division; the Hon. EDWARD F. HEALY, Judge, presiding. Affirmed.

MR. PRESIDING JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

Rehearing denied April 24, 1967.

CRIME CHARGED

Unlawful sale of a narcotic drug.

DEFENSE AT TRIAL

Entrapment.

JUDGMENT

After a bench trial, defendant was found guilty and sentenced to a term of ten years (the statutory minimum) to ten years and one day.

CONTENTIONS ON APPEAL *fn1

(1) Entrapment.

(2) The State failed to prove that the substance sold was a narcotic.

(3) The trial court committed reversible error in not requiring a State witness to exhibit her arm during cross-examination on the question of her freedom from addiction.

(4) The court erred in refusing to exclude from the courtroom, on defendant's motion, the police officer in charge of the case, who testified on behalf of the State.

EVIDENCE

Barbara Lumpkin, for the State.

At approximately 2:30 a.m. on September 23, 1964, she met police officer Pates at 47th and Evans Streets, Chicago. After agreeing to Pates' request that she "make a buy," she was taken to a lockup where she was searched, found to have no narcotics on her person, and given some marked and prerecorded money for which she signed a receipt. Pates then drove her to 43rd and Vincennes Streets where she contacted defendant at his cabstand. She asked defendant if she could "make a buy" and he acquiesced. There followed the exchange of money passing to defendant and a package passing to her. Upon her request, defendant then drove her to 45th and Woodlawn where the two parted company. At that location she met Officer Pates and gave him ...


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