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People v. Cook

JULY 23, 1969.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

FRED COOK, JR., DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. JAMES J. MEJDA, Judge, presiding. Affirmed. MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

OFFENSES CHARGED

Robbery. Ill Rev Stats (1965), c 38, § 18-1. Armed Robbery. Ill Rev Stats (1965), c 38, § 18-2.

DEFENSE AT TRIAL

Alibi.

JUDGMENT

After a bench trial, defendant was found guilty of armed robbery and sentenced to a term of 3 to 7 years.

POINTS RAISED ON APPEAL

(1) The method of identification of defendant was improper and highly prejudicial to defendant.

(2) Defendant was not proven guilty beyond a reasonable doubt.

EVIDENCE

Mrs. Emily Kuldanek, for the State

At about 11:30 p.m. on April 13, 1967, she returned home by cab from a dinner engagement. She alighted from the cab at the house next to her own and proceeded home. As she approached her house, she noticed a man walking toward her. When she arrived at her front stairs, the man, who was then three or four feet away, said, "I'm going to take your money." She ran screaming up the front stairs and rang the doorbell with her right hand. The man pursued and started pulling her purse, which was held on her left arm. After a struggle, the man got the purse and ran away with it. At that moment, her husband and her brother came out of the door and began chasing the man. Neighbors joined in pursuit, but the man got away.

She lives on a block where there is a streetlight on each corner and one in the middle of the block. The lighting conditions were very good. The man who robbed her was wearing a 3/4-length black leather coat, dark slacks, and dark shoes. He held a shiny object in his right hand which was several inches long, but she could not tell if it was a weapon.

She went to the police station that night and talked to Officers Stewart and Wiser. About an hour and a half later, she was taken to Cook County Hospital where she saw the man who robbed her lying on a cot, with a policeman standing nearby. She had been told earlier that the police had shot the man she was to view. That night, the purse ...


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