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People v. Keathley

APRIL 9, 1969.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

JACK KEATHLEY, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. JACQUES F. HEILINGOETTER, Judge, presiding. Affirmed. MR. PRESIDING JUSTICE DRUCKER DELIVERED THE OPINION OF THE COURT.

Defendant was found guilty at a bench trial of the crime of robbery. *fn1 Judgment was entered and a sentence of not less than one nor more than four years in the Illinois State Penitentiary was imposed. On appeal defendant's sole contention is that he was not proven guilty of robbery beyond a reasonable doubt.

EVIDENCE

Testimony of Maxine Childress, the complaining witness:

She is 22 years old and unmarried. On September 12, 1966, she worked from 7:30 a.m. to 4:00 p.m. at her regular job at Bell & Howell. She then worked at her part-time job in a drugstore until 11:00 p.m. Immediately thereafter she went to the Star Club, a nearby tavern, to meet her brother. She was at the bar when the defendant came up to her and said, "Hi." She did not respond and he returned to his game of pool. Defendant then approached her again and said, "Hi, how are you." She did not reply; and he said, "Drink your drink and let's go." She said, "Where are we going?" but he did not anwer. At this point the bartender, Johnny, came over and started talking to the defendant, and she sneaked out of the bar.

The lighting conditions in the Star Club were very bright by the pool table where the defendant was playing pool. She got a good look at his face.

She went next door to the Red Rooster, another tavern. She knows the bartender there, Skeeter, but she did not get to talk to him because the defendant came up behind her, spilled her drink, and said, "Drink your g____ d____ drink and let's go." He kept repeating, "Let's go." She saw a "metal thing" on his arm. He took her by the arm and quickly walked her out of the tavern.

They went out into the street where she saw a police officer whom she knew, sitting in a police car. She started to speak to him and defendant told her to keep her mouth shut. They walked down Winthrop Avenue and as they approached the Delmar Hotel defendant grabbed her purse, took her by the head, and knocked her down. He had her purse and was holding her by the hair; he pulled her up from the concrete by the hair and into a gangway adjacent to the hotel. He hit her over the head with her purse; she pushed him and started to run. He grabbed her again, pulled her back into the gangway and threatened to cut off her head. She hit him, he pushed her, she pushed him back and then started to run. She ran into the Delmar Hotel and reported the incident.

The police were called and they found her shoes and bottom set of teeth in the gangway. They did not find her purse. She described her assailant as a "white man with black hair and a missing front tooth, about five-eleven or six feet, perhaps 180 pounds." She was taken to Weiss Memorial Hospital where they treated her foot and removed a stone from her eye.

Six days later some policemen brought her some pictures. She picked out the defendant's picture as the man who had attacked her. Several days later she identified the defendant in person at the police station.

Testimony of Detective William Alexander, called by the State:

He interviewed the complaining witness and got a description of her assailant. She said that he was wearing a metal device on his arm which was held on by gauze.

He arrested the defendant. At the time of arrest the defendant did not have a metal device on his arm.

Testimony of Jack Keathley, defendant:

He did not commit the crime of robbery against the complaining witness. He is ...


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