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The People v. Lagios

OPINION FILED MARCH 28, 1968.

THE PEOPLE OF THE STATE OF ILLINOIS, APPELLEE,

v.

GEORGE LAGIOS, APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. THOMAS H. FITZGERALD, Judge, presiding.

MR. JUSTICE HOUSE DELIVERED THE OPINION OF THE COURT:

Petitioner (defendant) George Lagios was convicted in the circuit court of Cook County of robbery and sentenced to the penitentiary for a term of not less than 5 nor more than 10 years. He later filed a petition in the nature of writ of error coram nobis under section 72 of the Civil Practice Act, which was dismissed by the trial court. Defendant appealed his conviction to the Appellate Court, First District (51 Ill. App.2d 440), which court reviewed his conviction and also considered the allegations raised by his section 72 petition. His conviction was affirmed. The present action was then commenced under the Post-Conviction Hearing Act. (Ill. Rev. Stat. 1965, chap. 38, par. 122-1 et seq.) The trial court dismissed without a hearing and this appeal is from the judgment of dismissal.

Defendant contends there was perjured testimony adduced at his trial which was known by the prosecution to be false and that he was thereby denied due process. This is based upon discrepancies in the testimony of the prosecuting witness, James Miho, with respect to the amount of money taken from him, the denominations of the currency and the source of the funds. A copy of a police report attached to the petition contains the following information. Defendant was stopped by a police officer who had observed him running, and a witness said he had seen the defendant "jackroll" a man on Division Street. Miho identified defendant as the person who had forcibly reached into his left pants pocket, took $285 from him and had torn out the pocket in the process. When searched defendant was found to have $269 in his pockets consisting of two fifty-dollar bills, four twenties, seven tens, three fives and four ones. It noted that there was a discrepancy in that the victim stated the denomination of the bills to be one hundred-dollar bill, one fifty and the rest in twenties and tens. Also attached to the petition was about two pages of cross-examination of Miho who stated he had $285, that it was paid to him by Don the Beachcomber (his employer) and that the type of bills were "Oh, about a couple of $50.00 bills and a twenty and a ten all mixed with smaller ones." Under further cross-examination the question was asked, "What about a hundred-dollar bill?" The response was "Maybe so", and under further questioning he answered that there was a hundred-dollar bill.

The next discrepancy concerns the source of Miho's money. He stated that he got it from Don the Beachcomber. Following are some of the questions and answers on cross-examination included as an exhibit in the petition:

"Q. Where did you get that money?

A. Because I got * * *.

Q. Just a moment. You got it from working at Don the Beachcomber's?

A. Of course.

Q. Is that right?

A. Right.

Q. Was it paid to you in a check and then you cashed the check or you got the money?

A. I got the cash.

Q. Don the Beachcomber paid you two hundred and ...


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