APPEAL from the Circuit Court of Cook County; the Hon. JAMES
D. CROSSON, Judge, presiding.
MR. PRESIDING JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT: OFFENSE CHARGED
Robbery. Ill. Rev. Stat. 1967, ch. 38, par. 18-1.
After a bench trial, defendant was found guilty and sentenced to a term of two to six years.
CONTENTIONS RAISED ON APPEAL
1. The identification of defendant should have been suppressed as the product of an arrest made without probable cause.
2. The trial judge, in denying the motion to suppress the identification testimony, based his conclusion on irrelevant and contradictory facts.
3. Defendant was not proven guilty beyond a reasonable doubt.
A consideration of defendant's first contention that there was no probable cause for the arrest necessitates our setting out the evidence adduced at the hearing to suppress the identification testimony.
On October 21, 1968, between noon and 3:00 o'clock, defendant and a man named Tucker took some money from him. When he was robbed, he called for help, a porter came through a door, saw the robbers, and followed them. About five minutes after he was robbed, police officers brought defendant and Tucker back to the witness for identification. The police did not say anything to him when defendant and Tucker were brought to him. The witness said, "those are the fellows," as soon as he saw them in the police car. He also identified Tucker and defendant in the courtroom.
He is a police officer. On October 21, 1968, at about 1:45 P.M., he arrested defendant and Tucker. Thirty seconds to one minute prior to that time, a man named Benson had stopped his squad car and said that an old man "was just robbed by two colored guys." Benson said that they had run south on Morgan, then west on Monroe, and he pointed in that direction. The witness did not think Benson said anything else. He did not remember seeing anyone on the street in the location Benson pointed to. He later testified that he saw one other colored man on the street. The first time he saw defendant and Tucker, they were standing in a doorway at 1008 W. Monroe (just around the corner from Morgan). He and his partner asked them what they were doing, and they said they were visiting a friend. When asked the name of the friend, they replied that they did not know his name, and they did not indicate which apartment they had visited. Defendant was out of breath and the witness noticed excessive perspiration on his forehead. Tucker was not out of breath. They searched the doorway for money, but did not find any. They told defendant and Tucker about the robbery and said that they wanted to bring them back to the scene to see if anyone would identify them. They escorted the two men to the squad car and placed them in the back seat. They then went to the ...