Appeal from the Circuit Court of Cook County; the Hon. LESLIE
E. SALTER, Judge, presiding. Affirmed.
MR. JUSTICE DRUCKER DELIVERED THE OPINION OF THE COURT.
This appeal *fn1 is from a judgment after a bench trial in which defendant was found guilty of armed robbery. He received a sentence of five to twenty years in the penitentiary.
1. There was a fatal variance between the indictment and the proof.
2. Prejudicial evidence concerning the defendant's past record was injected by the prosecution and prevented a fair trial.
3. Oral statements of defendant were improperly admitted into evidence.
4. Defendant was not proven guilty beyond a reasonable doubt.
Testimony of William Ridley, for the State
He is the clerk at the Crest Hotel and was on duty during the early morning of April 1, 1962. Three armed men came into the hotel that morning and took $22 in cash from him, took his wallet and $116 from the hotel's cash drawer. He slipped away from the robbers and locked himself in a room. Shortly after he came out of the room the police arrived. He went out to a police car and identified the man who was sitting inside as one of the robbers. That man was Willie Craft. *fn2 He was then taken to the police station and picked Craft and defendant out of a lineup. There was one other man in the lineup and the witness had a close look at him before deciding that he was not one of the robbers. He asked the defendant where his wallet was. Defendant told him: "Where the police picked me up"; and the police supplied the precise address. In the police station he heard Craft, in the presence of the defendant, say that he (Craft) owned the two guns and that he had given one to the defendant.
Testimony of Charles Dalton, for the State
He is the manager of the Crest Hotel and lives in an apartment in the hotel which has its front door opening directly on the lobby. He observed the robbery from his door and was able to see the face of only one of the robbers; he could see the face of Willie Craft. Another of the men was dressed in a beige raincoat and cap; he saw that man later at the station and it was the defendant. He never saw the defendant's face during the robbery. He called the police from a private phone in his apartment.
Testimony of William Moser, for the State
He is a police officer from the 12th District. Early in the morning of April 1, 1962, he received a call reporting a robbery and as he got to the scene of the robbery he saw three men running from the Crest Hotel. The three men split up and he chased one into an alley and captured ...