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People v. Heath

MARCH 12, 1971.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

CHARLES HEATH (IMPLEADED), DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. LOUIS A. WEXLER, Judge, presiding.

MR. JUSTICE DRUCKER DELIVERED THE OPINION OF THE COURT:

Defendant was jointly indicted with one Ruth Jenkins for the offense of armed robbery. (Ill. Rev. Stat., 1967, ch. 38, par. 18-2.) After a bench trial defendant was found guilty and sentenced to two to three years. Miss Jenkins was also found guilty. Defendant Heath's sole contention on appeal is that he was not proven guilty beyond a reasonable doubt.

Testimony of James Davis, complaining witness, for the State.

On May 12, 1968, at approximately 11:40 P.M., he was in the vicinity of 63rd and Stony Island when Ruth Jenkins walked up to him and asked for a date. She asked him if he had ten dollars and he told her he did. They walked to Miss Jenkins' apartment at 6322 Stony Island where he gave her the money.

Once inside Miss Jenkins' apartment she asked him to undress, which he did. She took off her slacks. It was dark in the bedroom but there was a light on in the kitchen. There is a doorway which leads from the kitchen to the bedroom.

After he was undressed the defendant walked into the bedroom and hollered, "What's going on here? What's this man doing in here?" Defendant then jumped over the bed and stuck a knife onto his stomach. The knife was all silver and was about six inches long. Miss Jenkins went through his pockets and took out $100 from the right rear pocket. The defendant then said, "I should kill you." But Davis said, "Come on, I didn't did [sic] nothing to her." The defendant then asked him for his gold watch which he took off and gave to the defendant.

He got dressed and was led out of the apartment. Defendant had the knife in his back as he was led out of the apartment. Once he was out of the apartment he went downstairs and called the police.

Miss Jenkins was wearing orange slacks and a maroon red sweatshirt. The defendant had on a blue jersey, slipover sweater and gray slacks.

After the defendant and Miss Jenkins were arrested early the next morning, he saw them again at the police station about 2:30 A.M. on May 13, 1968. Miss Jenkins had on the same clothes as earlier in the evening. The defendant was wearing a slipover sweater, gray slacks and a white shirt.

On cross-examination Davis testified that after the police arrived in response to his call he told them what happened. He called from the basement where the janitor lived. He did not see Miss Jenkins or the defendant leave the building before the police arrived. When the police came he went upstairs with one of the police officers but Miss Jenkins would not open the door. The policeman asked him if he had a knife and he gave the one he carried to the officer. The officer gave it back to him before the officer had a chance to use it because he heard noise on the back stairs. The officer sent him downstairs to another waiting policeman.

He reported to the police station at 2:30 A.M. on May 13, after the police rang his doorbell. He had gone home to bed.

The bedroom was dark but "it was not too dark, because the light was shining through from the kitchen."

He identified the defendant and Miss Jenkins as the two ...


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