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People v. Gates

MARCH 31, 1970.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

ANDREW GATES AND EUGENE GATES, DEFENDANTS-APPELLANTS.



Appeal from the Circuit Court of Cook County; the Hon. JACQUES F. HEILINGOETTER, Judge, presiding. Affirmed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

OFFENSES CHARGED

Armed robbery. Ill Rev Stats 1967, c 38, § 18-2.

Attempt (to commit the offense of rape). Ill Rev Stats 1967, c 38, § 8-4.

Aggravated battery. Ill Rev Stats 1967, c 38, §§ 12-4, 12-4(b) (1).

JUDGMENT

After a bench trial, defendants were found guilty of all charges and sentenced to 20 to 40 years (Andrew Gates) and 5 to 20 years (Eugene Gates) for armed robbery, 10 to 14 years (Andrew Gates) and 5 to 10 years (Eugene Gates) for attempt, and 9 to 10 years (Andrew Gates) and 5 to 10 years (Eugene Gates) for aggravated battery, all sentences to run concurrently.

POINTS RAISED ON APPEAL

1. Defendants' motion to suppress evidence was erroneously denied.

2. Defendants were denied the right to counsel during a showup held while the victim was in the hospital.

3. The display and marking of a knife for identification, when not connected with the crime and not offered into evidence, constituted prejudice.

4. Defendants were not proven guilty beyond a reasonable doubt.

5. Defendants were improperly convicted of several offenses arising from ...


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