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People v. Jones

MARCH 13, 1972.

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

v.

EARL D. JONES, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Madison County; the Hon. JOSEPH J. BARR, Judge, presiding.

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

This is an appeal from a conviction of armed robbery in violation of Ill. Rev. Stat., ch. 38, par. 18-2, pursuant to jury verdict. Defendant raises the following issues on this appeal:

1. Was there sufficient credible evidence to prove defendant's guilt beyond a reasonable doubt, particularly in light of the alibi evidence presented?

2. Whether the defendant was denied his right to a fair trial in that:

(a) The trial court allowed hearsay, conclusionary and prejudicial testimony by five police officers on eight separate occasions. (b) The trial court admitted into evidence an unsigned waiver of constitutional rights form.

3. Whether the State, by passing police reports to counsel for the defendant in the presence of the jury committed prejudicial error.

On Saturday, October 3, 1970, at about 8:25 P.M., Mrs. Charlotte Cooper was on duty as an employee of the Melville Dairy Store in Godfrey, Illinois. At that time an individual entered the store and said "This is a stick up. Put all your money in a brown paper bag." She testified he had his left hand in his pocket and was carrying a gun in his right hand pointed at Mrs. Cooper. She opened the cash register and emptied it into a sack. She stated she was shaking and began crying during the incident. The assailant left and Mrs. Cooper called her employer. It was determined that $430.26 had been stolen.

The Sheriff's Department arrived and Mrs. Cooper described her assailant as about 25 to 30 years of age, height between 6'0" and 6'2", light complexioned, with freckles on his face, muscular build and short black hair. She stated he did not have a mustache. On October 7, 1970, Mrs. Cooper went to the Alton police station and there made an identi-kit description of the assailant.

Later that same day she was called back to the police station to view a lineup. There were four individuals in the lineup which she viewed through a one-way window. She also heard their voices. She identified the defendant in the line-up as her assailant. She subsequently made an in-court identification at trial.

Detective Galloway and Officer Logan testified that they arrested Jones on October 7 because of resemblance to the composite picture produced with the identi-kit. Officer Logan testified that he recited to the defendant his constitutional rights at the police station. A written form outlining and expressly waiving those rights was not signed by defendant and this fact was noted on the form by Officer Logan with the notation "refused to sign". The form was admitted into evidence as Exhibit 3 over objection of defense counsel.

Defendant Jones testified in his own behalf that at the time of the robbery he was at home prepairing to leave for dinner at a restaurant in St. Louis. He stated his wife awakened him about 8:30 P.M. and that they, plus a friend, Linda Motl, went out to dinner. In regard to a mustache, he stated he had always worn one and had shaved it only once and that was on October 5, 1970, and this was done at his wife's request because she wanted to see how he looked without it. Defendant's wife and Miss Motl both corroborated defendant's testimony.

Also testifying was the manager of the restaurant, and his daughter who waited on defendant and his party. They both testified as to seeing defendant in the restaurant sometime after 8:00 P.M. and before 10:00 or 11:00 P.M. on the night of either October 2nd or October 3rd. The daughter remembered a joking conversation at the table as to whether defendant should shave his mustache. She did not remember seeing or not seeing a mustache on his face.

The other witnesses at the trial were police and sheriff's officers who were present either when defendant was advised of his rights or at the lineup. No statement or confession was made by defendant and none was sought to be introduced by the State.

• 1, 2 Turning to the issues presented on appeal, there was sufficient credible evidence upon which the jury could enter a verdict of guilty. We are not unmindful of the case of People v. Reed (1968), 103 Ill. App.2d 342, 24 ...


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