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People v. Howard

FEBRUARY 11, 1970.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

JACK HOWARD, JR., DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. FRANCIS T. DELANEY, Judge, presiding. Affirmed.

MR. JUSTICE DRUCKER DELIVERED THE OPINION OF THE COURT. The defendant was convicted, after a jury trial, of the crimes of deviate sexual assault and robbery. Judgment was entered and he was sentenced to a term of twelve to fourteen years for deviate sexual assault and fifteen to twenty years for robbery, the sentences to run concurrently. On appeal defendant contends that he was not proven guilty beyond a reasonable doubt because his alibi was corroborated by work records and his identification was vague and uncertain.

Testimony of Jacqueline Flynn, the complaining witness:

On January 26, 1967, she lived at 719 West 17th Place. She left her home at approximately 7:55 a.m. to go to work, and as she was walking east on 17th Place she noticed a man across the street walking west. No one else was on the street. She saw the man cross the street. As she kept walking she took a quick look behind her and suddenly there was a hand over her mouth. She screamed and he told her, "If you scream you MF, I'll kill you." She said, "Take my money," or "Don't hurt me!" She held out her purse and he took it. She had $5 in her wallet. He then took her by the shoulders and across a yard underneath a staircase. She had a good look at his face when she held out her purse. She was only three or four feet from him. She wears glasses and she had them on when the crime occurred. It was bright outside when she left for work. The man was a foot and a half from her while underneath the staircase. She then described the deviate sexual assault.

During the assault she noticed a brilliant gold ring on her assailant's left little finger. During direct examination the defendant held up his left hand and she looked at the ring he was wearing. It was similar to the one he was wearing on January 27, 1967, in its outside shape, and it also had a rose in the center. It was worn on the same left hand little finger.

After the assault and robbery she ran to a convent across the street. She grabbed some children who were right outside the convent and asked them to help her. They took her to the door where she rang the bell and was let in by a sister. It was about fifteen minutes from the time she left home until she ran to the convent.

At 8:30 a.m. the police came to the convent. She described her assailant as a male Negro, about five-nine or five-ten in height, 165 to 170 pounds in weight, and twenty-three to twenty-five years old. He had on a three-quarter length dark gray coat, black wash pants which were turning gray, and the gold ring.

She was shown photos of suspects the Saturday after the day she was attacked. She did not see anyone that looked like the man who attacked her.

On February 21, 1967, she was brought to the police station where she viewed a lineup of five Negro men. They were all about the same height and build and all wore work clothes. She identified the defendant as her assailant. She did not see him wearing a gold ring as she was not looking for it.

Testimony of William Buegel, called by the State:

He did not know about the assault on the complaining witness but he had been given the defendant's description by numerous persons. He saw the defendant at 8:05 a.m., on February 21, 1967, at the corner of 18th Street and Racine and went for the police.

Testimony of Frank Argentine, called by the State:

He is a police officer. On February 21, 1967, William Buegel and he had the occasion to see the defendant and placed him under arrest. On his police report he wrote that the defendant was five foot nine in height, weighed 185 pounds and was eighteen years old.

It was stipulated that the defendant is currently ...


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