Appeal from the Circuit Court of Cook County; the Hon. JAMES
D. CROSSON, Judge, presiding. Affirmed.
MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.
Rehearing denied December 10, 1969.
Armed robbery. Ill Rev Stats (1967), c 38, § 18-2.
After a bench trial, defendant was found guilty and sentenced to 7 to 12 years in the penitentiary.
1. Defendant was denied right to counsel when represented by a public defender whom he had not met prior to trial.
2. Defendant was denied his right to trial by jury when a request to revoke his waiver of jury trial was denied.
3. The trial court erred by receiving into evidence records of defendant's prior felony convictions without proof of identity.
4. Defendant was denied the right to compel attendance of newly discovered witnesses in connection with his motion for a new trial.
5. Defendant was denied adequate representation by counsel.
6. Defendant was not proven guilty beyond a reasonable doubt.
James Gresham, for the State:
On January 3, 1968, at approximately 2:30 p.m., he was in the bedroom on the second floor of his home at 1717 East 74th Street in Chicago. Also present in the home were Geraldine Marshall, Tina Jones, and two children. He was called to the front door and saw two men (defendant and Van Leonard) who said they had some whiskey for sale. They showed him a box which they then uncovered, but it was empty. When he looked up, defendant was pointing a gun at him.
The two men rushed him downstairs where he and Tina Jones were tied up. Eugene Johnson entered the home right after this. He was also tied up, and Geraldine Marshall was made to sit down and hold her daughter on her lap. Defendant put the gun in a pillow and held it to witness' head, saying he would kill witness if he didn't tell him where the money was. Defendant then removed the pillow and struck witness above the right eye with the gun.
He was taken upstairs to his bedroom where Leonard took several articles, including a shotgun, a rifle, cameras, a television set, a radio, two rings, and a watch, in addition to $168. Later, defendant again searched the bedroom and took more cameras, a jacket, cuff links, and different articles. (He identified a number of these articles as his belongings which had been taken by defendant and Leonard.)
During the search of the upstairs, Roy Armstrong and Aline Johnson came to the front door and they, too, were tied up by defendant and Leonard. Defendant and Leonard then carried the articles to the car. He noticed a third man who came to the back door and asked what was taking so long. They left after about 45 minutes.
The next time he saw his ring was on January 11, with Officer Haley and another officer, at a pawnshop. He saw his jacket at the police station sometime thereafter, and it was being worn by defendant.
The police called him and said they might have a suspect. Johnson viewed the suspect first in another room. He did not hear anything Johnson said, nor did Johnson say anything to him. Witness then saw defendant wearing his coat and "knew who he was right away." He approached defendant and gave him a "crack," but the police stopped him.
Tina Jones, for the State:
She identified defendant in court as the person who had entered the house on the day in question. The rest of her testimony was ...