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People v. Turner

APRIL 2, 1969.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

MELVIN TURNER (IMPLEADED), AND WENDELL HORNE (IMPLEADED), DEFENDANTS-APPELLANTS.



Appeal from the Circuit Court of Cook County; the Hon. ALVIN J. KVISTAD, Judge, presiding. Affirmed.

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

Defendants appeal from their convictions, after a bench trial, of attempt robbery. Both were sentenced to the Illinois State Penitentiary; Horne for a term of one to four years, and Turner for a term of one to five years. Defendants contend that the State failed to prove the essential elements of the crime. *fn1

EVIDENCE

Testimony of R.T. Wells, complaining witness:

He is a taxi driver for the Checker Taxi Company. He has been driving a taxi for 18 years and has been employed by Checker for about three years.

At about 1:20 a.m. on January 30, 1967, he was driving a taxi south on Woodlawn and picked up the defendants at about 47th and Woodlawn. He was instructed to take them to 55th and Prairie. As they proceeded to that point they passed another taxi driver in his private car, and the witness blew his horn and waved. Turner asked if he knew the other driver and said, "That fellow is pretty fast with a knife."

They proceeded west on 47th and then turned south on Drexel. As they approached 49th Street Horne suggested that he pull over. Horne said, "This is good enough." The witness said, "49th Street, you say?" and Horne said, "Yes, this is it." The witness looked over, turned on his top light and stopped. After he turned on the top light, Horne said, "This is it."

The witness looked back and saw that Horne had his left hand on a gun which was partially in his left front pocket. He saw the handle and the nickel plate. He stopped the taxi in the middle of the intersection and leaped from it. From outside of the taxi he saw the front part of the gun go up; it was small, a .32 or a .38. He ran north on Drexel some 40 or 50 feet. He then turned around and saw Turner getting over the seat and under the wheel. The taxi then moved off.

He stopped another taxi going south on Drexel and told the driver that a couple of guys had tried to rob him. He then saw a police car going south, so he jumped out of the cab and stopped the police car. The police car started after his taxi on Drexel.

When he next saw the cab it was stopped in front of 4930 South Drexel. As the squad car approached the taxi the defendants jumped out and ran. The police officers chased the defendants and caught them lying in a snowbank.

He has been robbed about seven or eight times in the 18 years that he has driven a taxi; in each instance the robbers had been drinking. He did not smell the defendants' breath but they had had a few drinks.

Testimony of Consie Anderson, called by the State:

He is a police officer for the City of Chicago. On the morning of January 30, 1967, he was in a patrol car with Officers Jessie Cox and Walter Brown. As their car was proceeding southbound on Drexel, R.T. Wells approached the car and explained that two men had attempted to rob him. They went in pursuit of Wells' taxi. They found the cab moving along Drexel; and as they approached, the cab stopped and two men emerged. The two men crossed Drexel and ran into a yard. ...


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