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.
Attempted murder. Ill Rev Stats (1965), c 38, §§ 8-4, 9-1.
Two charges of armed robbery. Ill Rev Stats (1965), c 38, § 18-2.
Murder. Ill Rev Stats (1965), c 38, § 9-1.
After a trial by jury, defendant was found guilty of all four crimes charged. He was given concurrent sentences of 10 to 20 years on the attempted murder charge, 10 to 30 years on each charge of armed robbery, and 25 to 50 years on the murder charge.
The sentences were excessive.
Three occurrence witnesses for the State offered substantially similar testimony at trial. Each identified defendant as the man responsible for the alleged criminal acts.
Joe Woodward, a service station attendant, was working on the evening of January 13, 1966, when Ozzie Stovall walked into the station at 4400 West Cermak Road and used the telephone. He was followed into the station by two other men, defendant and Henry Triplett, who announced a stickup. Defendant took $35 from Woodward.
Vernon Johnson then came into the station and, as he entered, defendant told him to get into a corner. Defendant fired a shot past Johnson into the floor.
An off-duty policeman, Hutchie Moore, emerged from the washroom while the robbery was in progress, and was told to put his hands up. He was searched by Triplett, who took his wallet, felt his revolver, and told defendant to "burn him." When defendant fired a shot in Moore's direction, he grabbed Triplett and began to wrestle with him. Defendant continued to shoot, hitting ...