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People v. Lomax

JUNE 26, 1970.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

SYLVESTER LOMAX, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. HERBERT R. FRIEDLUND, Judge, presiding. Affirmed. MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

OFFENSE CHARGED

Murder. Ill Rev Stats 1965, c 38, § 9-1.

JUDGMENT

After a jury trial, defendant was found guilty and sentenced to a term of 15 to 50 years.

CONTENTIONS RAISED ON APPEAL

1. The prosecutor prejudiced defendant when he referred to a statement he had agreed not to introduce.

2. The prosecutor prejudiced defendant when he offered his personal opinion of defendant's guilt.

3. Defendant was deprived of a fair trial by the way in which the trial judge directed a verdict in favor of a co-defendant.

4. Defendant was prejudiced by the trial judge's remarks concerning defense counsel's conduct.

5. The indictment was fatally defective in that a variance existed between the victim's name as set out in the indictment and the victim's real name.

We consider it significant that defendant does not question the sufficiency of the evidence to establish his guilt beyond a reasonable doubt.

EVIDENCE

It was stipulated that at about 11:00 p.m. on July 3, 1966, a police officer, responding to a call, found Charles Lanier lying on a sidewalk in Garfield Park. He was pronounced dead on arrival at Cook County Hospital, the cause of death attributable to a gunshot wound ...


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