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People v. Williams

DECEMBER 31, 1968.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

LARRY M. WILLIAMS, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. THOMAS R. McMILLEN, Judge, presiding. Affirmed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

OFFENSES CHARGED

Armed robbery and aggravated battery. Ill Rev Stats (1965), c 38, §§ 18-2, and 12-4a and 12-4b(1).

JUDGMENT

After a bench trial, defendant was found guilty on both charges and sentenced to a term of 2 1/2 to 5 years for armed robbery.

POINTS RAISED ON APPEAL

Defendant was not proven guilty beyond a reasonable doubt.

(1) The State failed to call a key witness.

(2) The State's evidence was unbelievable.

(3) The identification testimony was unsatisfactory.

(4) The State failed to prove that defendant was either the principal or an accomplice.

EVIDENCE

John Kelley, for the State

At approximately 2:30 or 3:00 a.m. on October 24, 1966, he was awakened in his apartment at 921 Windsor Avenue by three boys who kicked in his door. They beat him over the head with a hose from a fire extinguisher and cut him with a knife, causing a wound which required twenty stitches to close. He was also injured above the right eye and behind the right ear. The three asked for money upon threat of death, and he directed them to the money on his dresser. They took $30 from the dresser, a .38 Smith and Wesson revolver, ...


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