APPEAL from the Circuit Court of Cook County; the Hon. JAMES
D. CROSSON, Judge, presiding.
MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT:
Keeping a gambling place. Ill. Rev. Stat. 1965, ch. 38, par. 28-3.
After a bench trial, the three defendants were found guilty. Russo was fined $450, Foster $350, and Been $250.
CONTENTIONS RAISED ON APPEAL
1. The defendants were not proven guilty beyond a reasonable doubt.
2. The defendants were prejudiced by the improper admission into evidence of six photographs.
3. Michael Been was improperly denied a hearing into the voluntariness of his statements to the police.
John Tobin, for the State:
He is a police officer with the vice control division. At approximately 2:00 P.M. on May 19, 1967, he, along with Sergeant Shaughnesy and Officers Riggio and Kelly, went to a bungalow at 1052 Diversey Parkway with a search warrant for the first floor of the house. *fn1
After knocking and announcing his office, he forced the front door and saw Mrs. Been and another woman in the parlor. In the kitchen he saw a wall telephone with a line leading out the kitchen window. He went out to the side of the house and traced the line from the kitchen window into a basement window.
Entering the basement through the rear door, he followed the line from the window to a room in the front of the basement. He knocked on the door to this room and again announced his office and that he had a search warrant. When no one responded, he tried unsuccessfully to force the door with a sledge hammer. Shortly, ...