Appeal from the Circuit Court of Cook County; the Hon. ALVIN
J. KVISTAD, Judge, presiding. Affirmed.
MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT. OFFENSE CHARGED
Robbery. Ill Rev Stats 1967, c 38, § 18-1.
After a jury trial in which defendant was found guilty, the court imposed a sentence of 2 to 4 years.
1. Defendant was not proven guilty beyond a reasonable doubt.
2. The trial court improperly refused to permit defense counsel to argue his interpretation of reasonable doubt.
3. The prosecutor's final argument was improper and denied defendant a fair trial.
4. The trial court, during the hearing in aggravation and mitigation, improperly considered defendant's prior convictions in Boy's Court.
William Brown, for the State:
Around midnight on March 2, 1968, he walked from his residence at 317 South Throop Street to a restaurant at Madison Street and Ogden Avenue. He ate a bowl of soup there and left at approximately 12:45 a.m. on March 3. He then vomited, since he was still weak from a recent illness and confinement with tuberculosis. As he was walking home in the vicinity of Laflin and Adams, a "fellow" (identified as defendant) came from behind him and asked for a cigarette. He was reaching for his cigarettes when defendant asked if he had any money. He replied, "Yes, about $8." Thereupon, defendant told him to get up against the wall, which he did. Facing the wall, he was searched by defendant, who kept his right hand in his pocket. Defendant took $7 from the witness' wallet, together with $1 in loose change and various medicines and papers from his pockets. The wallet, medicine and papers were then thrown to the ground.
Defendant kept telling him to turn toward the wall and asked if he wanted to be shot. Defendant then turned and walked south on Laflin. The witness hailed a squad car parked nearby and two policemen got out. He told them what had happened and they grabbed defendant. He ...