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People v. Green

MAY 28, 1971.

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

v.

BEN H. GREEN, DEFENDANT-APPELLANT.



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

MR. PRESIDING JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT:

OFFENSE CHARGED

Burglary. Ill. Rev. Stat. 1967, ch. 38, sec. 19-1.

JUDGMENT

After a trial by jury, defendant was found guilty and sentenced to a term of 3 to 5 years.

CONTENTIONS RAISED ON APPEAL

1. Defendant was erroneously denied the right to examine a police report and use it on cross-examination for the impeachment of a witness.

2. Defendant was prejudiced by remarks of the prosecutor on cross-examination and final argument.

3. A motion to suppress an in-court identification was erroneously denied.

EVIDENCE

Nellie Davis, for the State:

She lives in an apartment with her husband at 4958 King Drive. On June 17, 1969, she left her apartment at 8:00 A.M. The doors and windows were locked. When she returned around 2:30 P.M., she found that the apartment had been broken into. Three hundred dollars was missing and in the kitchen she found suitcases packed with silverware, carving sets, and steak knives.

Norman Jackson, for the State:

He lives with the Davis family at 4958 King Drive. He left the apartment at 7:30 A.M. and returned at 3:30 P.M. Three hundred dollars, which he had placed ...


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