Appeal from the Circuit Court of Cook County; the Hon. FRANCIS
T. DELANEY, Judge, presiding. Affirmed.
MR. PRESIDING JUSTICE DRUCKER DELIVERED THE OPINION OF THE COURT.
Defendant was tried and convicted at a bench trial of the crime of burglary. Judgment was entered and he was sentenced to a term of two to three years in the Illinois State Penitentiary. Defendant raises three points on appeal: (1) the trial court erred in allowing the State to introduce hearsay testimony of the arresting officer as to the identification of the defendant by the complaining witness; (2) he was denied a fair trial by the State's use of an identification procedure that was inherently suggestive; and (3) he was not proven guilty beyond a reasonable doubt.
Testimony of Chiquita Winston, called by the State:
On June 30, 1966, she lived at 6318 South Langley in a first-floor apartment. At 2:00 that afternoon she received a telephone call from Mrs. Dunlap and she went straight home. At home she discovered that her apartment was in a state of disarray and that the locks on the front door had been jimmied.
She made an inspection of her property and found the following items missing: two watches, a diamond ring, $150-$200 in cash, and a new swimming suit. The bolt on the outside of her air conditioner had been screwed loose and the air conditioner had fallen onto the sidewalk outside the house. The value of all the items taken is about $1,000.
Testimony of Lucille Dunlap, called by the State:
On June 30, 1966, she lived on the second floor at 6318 Langley directly above Mrs. Winston's apartment. She is a school teacher. At about 2:00 that afternoon she heard a loud crash in the airway which she ascertained to have been made by Mrs. Winston's air conditioner falling out of her window. She ran out of her apartment and down the front. When she reached the vestibule she encountered a man coming out of the Winston apartment carrying a television set and a bag. The man she saw coming out of the Winston apartment is the defendant.
The man told her that he was a repairman. A face to face conversation ensued for five minutes and when she said that she was going to call Mrs. Winston, he just set the television down and sauntered off. He was wearing a red shirt and dark colored trousers. He was slightly shorter than she and was wearing workman's gloves. Her son was there also.
On July 8, 1966, she had a conversation with Detective William Tolliver in her home. She looked at between twenty and fifty photographs and picked out one as the man whom she had seen coming out of the Winston apartment on June 30. She never viewed a lineup in regard to making an identification. The first time she saw the defendant after June 30 was at the trial.
Testimony of Samuel Dunlap, called by the State:
He is the son of Lucille Dunlap who testified previously. After he heard the noise of the air conditioner falling he went down the back stairs and came around to the gangway. He then proceeded to the front of the building where he saw his mother talking to a man who was carrying a television set and a little canvas bag.
On July 8, 1966, he also looked at the photographs brought by Detective Tolliver. He recognized one photograph as being that of the man whom he had seen carrying the television set. He is positive that the defendant is the man he saw with the television set. First his mother examined the photographs and then she handed them to him. He recognized defendant from one of the photographs. His mother looked at all of the photographs and selected one; he saw the picture that she selected. When he saw the photograph that she selected he went through all the others.
He does not remember what the defendant was wearing on June 30. He does not remember if defendant had a mustache. He does remember that defendant had a process (his hair had been straightened). He remembered that defendant had long ...