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People v. Labatt

FEBRUARY 11, 1969.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

ROGER O. LABATT, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. WILLIAM S. WHITE, Judge, presiding. Judgment affirmed.

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

Rehearing denied March 5, 1969.

Roger O. LaBatt was found guilty, after a bench trial, of the charge of attempt murder, judgment was entered upon the finding, and he was sentenced to a term of not less than ten nor more than twenty years in the penitentiary. Defendant appeals alleging error by the trial court in allowing the prosecution, on rebuttal and over the defendant's objection, to introduce testimony regarding a conversation which took place between defendant and the arresting officer at the time of the arrest.

Roger LaBatt was arrested on the basis of a description, in the vicinity of and shortly after an occurrence in which a police officer, who had responded to a call, was fired upon. That officer later identified defendant as the man who fired the shot.

At trial defendant took the stand and testified as follows on direct examination as to the substance of a conversation between defendant and the arresting officer at the time of the arrest:

Q. When the officers pulled you from underneath the truck, what did they say to you, if anything?

A. One of the officers asked me where was the pistol and I told him I have no pistol.

The prosecution, on rebuttal, called the arresting officer who, over defendant's objection was allowed to testify to another version of the same conversation, to wit:

Q. Calling your attention to the date, time and place, after you had taken the defendant out from underneath the truck, did you have a conversation with the defendant at that time?

A. Yes, sir.

Q. What did you say to him and what did he say to you?

Mr. Ross: Objection.

The Court: Overruled.

The Witness: I gave the defendant a fast frisk and found no weapon and I said to him, "Where is the weapon?" And he said, ...


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