Appeal from the Circuit Court of Cook County; the Hon. HARRY
S. STARK, Judge, presiding. Affirmed.
MR. PRESIDING JUSTICE DRUCKER DELIVERED THE OPINION OF THE COURT.
Rehearing denied October 24, 1969.
Defendant was tried before a jury and found guilty of murder. Judgment was entered and defendant was sentenced to the Illinois State Penitentiary for a term of not less than fourteen nor more than twenty years. Defendant raises two points on appeal: (1) he was not proven guilty beyond a reasonable doubt; and (2) he was prejudiced by the prosecutor's improper concluding argument.
Testimony of Norma Sargent, called by the State:
She resides with her husband, Edward, at 4929 Winthrop. On September 24, 1966, she was living with her husband at 4356 North Kenmore. She knew both defendant and the decedent.
On September 24, 1966, defendant was living with decedent upstairs of her. At about 9:30 that morning decedent came down to her apartment and left her keys for defendant because she was leaving him.
She saw decedent again at about 10:30 or 11:00 in the morning walking down Wilson and Broadway with her little girl, Denice. She helped decedent with her shopping bags. Nothing was said.
At about 3:30 that afternoon she saw defendant when he came to her apartment. Defendant was angry because decedent had left. He said that he was going to "blow her m____ -f____ head off." He also said that if he could not get decedent he was going to get the little girl.
She later saw decedent standing outside of Hillman's with Rita Braddock. Decedent asked her for a ride. Defendant then came down the street, got in the back seat of her car with decedent and asked decedent to go with him, but she did not answer. Defendant then left taking Denice with him. That was the last time she saw decedent alive.
About 11:30 that night defendant came to her apartment to speak to her husband. He asked for the gun, and it was given to him. Defendant said he had a sale for it. Her husband told him not to do anything foolish, and defendant said that he would not.
Testimony of Edward Sargent, called by the State:
On September 24, 1966, defendant came to his apartment at about 3:30 in the afternoon. He said that he was going to shoot decedent's head off. That is all he said.
At about 4:30 in the afternoon he saw decedent and defendant in the car with Rita Braddock. Defendant wanted to take decedent home, but she remained in the car. He left taking the little girl with him.
Defendant came to his apartment at about 11:30 that evening, asked for the gun and said that he had a sale for it. He gave defendant the unloaded gun and also gave him four bullets in a separate ...