Appeal from the Circuit Court of Cook County, Criminal
Division; the Hon. JOHN J. MEJDA, Judge, presiding. Affirmed.
MR. PRESIDING JUSTICE DEMPSEY DELIVERED THE OPINION OF THE COURT.
A jury found George Sibley guilty of armed robbery and he was sentenced to the penitentiary for a term of fifteen to twenty-five years.
On appeal he contends that reversible error was committed by the trial judge in limiting the cross-examination of a State's witness concerning the circumstances of his identification, and that the closing argument of the assistant State's attorney deprived him of a fair trial.
Mrs. Katherine Axelrod was returning home about 9:00 p.m. when she noticed a woman walking behind her. The woman followed her into the entrance of her apartment building, pulled out a gun, grabbed her, demanded her money and keys and struck her on the head with the gun. After learning that a babysitter was attending her children, the robber (who turned out to be a man dressed in women's clothing) accompanied her to her second-floor apartment. Mrs. Axelrod twice managed to mouth the words "call the police" as she paid the sitter and said good-by to her. Linda Arnold, the sitter, a girl in eighth grade, lived across the street from the Axelrods. She went home and called the police who responded at once.
In the apartment the robber took some more money, made Mrs. Axelrod lie facedownward on a bed, threatened to shoot her children if her cries awakened them, tied a scarf around her mouth and her hands behind her back. He took off his white shoes and put on her blue ones. He picked up a pair of scissors and was about to cut her hair when there was a knock on the front door. He told her to be still and went to the rear of the apartment; but she got up, went to the front door and, upon hearing that the police were there, told them through the door that the robber was going out the back way and was dressed like a woman.
A policeman ran around the building, saw a woman walking away from the rear steps and told her to stop. She started to run and he caught her after a block and a half chase. As he seized her, her wig came off and the officer, realizing that it was a man, drew his gun. After a struggle he subdued the defendant, handcuffed and searched him. Sibley was wearing women's undergarments and the officer found a gun in his girdle. He had on a pair of ladies' blue shoes and had in his possession a pair of scissors and one five-dollar bill and nine singles.
Sibley was taken back to the building. Neighbors and policemen had gathered in the hallway and Mrs. Axelrod identified him. She also identified her blue shoes, the pair of scissors and the gun which had been used to rob her. The money found on Sibley corresponded in denomination and amount to that which had been taken from her.
Linda Arnold had directed the police to the Axelrod apartment and she saw Sibley when the police brought him back to the building. She recognized him as the same person she had seen in the apartment.
The arresting officer testified on cross-examination that there was a lineup of some type in the hallway when Mrs. Axelrod identified the defendant but that he did not know who was in it. He was again asked:
Defendant's Attorney: "Who was in this lineup at that time, Officer?"
Assistant State's Attorney: "Object, asked and answered."
Defendant's Attorney: "He was present, Judge, I think "
State's Attorney: "He said he ...