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People v. Stanbeary

JUNE 10, 1970.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

ALLEN STANBEARY, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. MEL R. JIGANTI, Judge, presiding. Affirmed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

OFFENSE CHARGED

Murder. Ill Rev Stats 1967, c 38, § 9-1.

JUDGMENT

After a jury trial, defendant was found guilty and sentenced to a term of 35 to 75 years and remanded to the custody of the Illinois Youth Commission.

ISSUES RAISED ON APPEAL

1. Denial of defendant's motion to suppress physical evidence was error because the State failed to prove free and unequivocal consent to search, or the consent was tainted by fraud.

2. Defendant was denied due process of law because the State concealed exculpatory evidence from the defense prior to trial.

3. The prosecutor prejudiced the jury when he led it to believe that a defense witness had made prior inconsistent statements, while offering no evidence that he had made such statements.

4. The prosecutor prejudiced the jury by commenting on defendant's failure to testify.

EVIDENCE AT THE HEARING ON DEFENDANT'S MOTION TO SUPPRESS PHYSICAL EVIDENCE

John Boeger, for the State:

He is a police officer and, on September 17, 1967, went to defendant's home on two separate occasions. On the first visit, defendant's mother opened the door. He and his partner, Detective Sullivan, identified themselves as police officers and showed proper identification. They asked if they could speak to her with regard to her son, and she replied, "Yes, come on in." They walked from the back porch to the front portion ...


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