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People v. Brown

JUNE 25, 1969.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

HAROLD A. BROWN, 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 charged with the crimes of robbery and aggravated battery. After a bench trial he was convicted of robbery, judgment was entered, and he was sentenced to the Illinois State Penitentiary for a term of from one to ten years. Defendant appeals on the ground that he was not proven guilty beyond a reasonable doubt.

EVIDENCE

Testimony of Fransisca Reyes, complaining witness:

On the morning of October 21, 1967, she left her home at 8912 Commercial Avenue to go to a Mexican restaurant across the street to use their telephone. As she was returning home a man grabbed her and pulled her into an alley. Her assailant took her purse and eight dollars. The man tore her sweater and scratched her face.

Her assailant came up from behind her and grabbed her face. There was just one boy involved in the attack, which took fifteen or twenty minutes. Her purse was recovered but it was empty. In court she identified the man who attacked her as the defendant.

Testimony of Rachel Suarez, called by the State:

She lives in the same building as the complaining witness. On the morning of October 21, 1967, she was alerted by the complaining witness screaming her name. She went to the window, opened it and observed the complaining witness being dragged across the street into a gangway. She ran downstairs and alerted the police. Some officers ran into the gangway in which the complaining witness was being attacked and returned shortly thereafter with the defendant in their custody.

The man who attacked the complaining witness had on a dark green jacket and dark pants; she did not see his face. It was very dark outside. The man the police brought out of the gangway had on the same clothes as the man who attacked the complaining witness. She saw only one man.

Testimony of James Dorsey, called by the State:

He is a Chicago Police Officer. Pursuant to a conversation with Rachel Suarez he went to investigate an occurrence at 8927 Commercial Avenue. When he arrived at that address he heard screams from a gangway. He turned his flashlight into the gangway and saw two men running toward him; he ran into the gangway and the two men fled in the opposite direction. He followed one of the men for about five or six doors from the scene of the incident and found him hiding under the sidewalk. The man he apprehended was the defendant. He was wearing a green suede jacket, gray pants and a blue shirt. He had an opportunity to observe the man's face in the gangway when he shined his flashlight on the man; it was the defendant.

Testimony of Antonio Ramos, called by the Defense:

He is eleven years old and lives at 8926 Commercial Avenue with his parents and siblings. On the morning of October 21, 1967, he was watching television with his brother Hipoleto when he heard somebody screaming. He looked out of his window and saw two boys drag the complaining witness, who had been staggering across the street, into a gangway. He then saw defendant come out of a restaurant, pick up a bottle or stick from the curb and rush into the gangway. He heard the defendant say, "Stop it."

He is familiar with the defendant; he has seen him in the restaurant about once a week. He was watching a western movie on the television and he heard the ...


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