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People v. Bleimehl

DECEMBER 8, 1972.

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

v.

ROBERT BLEIMEHL, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. KENNETH R. WENDT, Judge, presiding.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT:

OFFENSE CHARGED

Robbery. Ill. Rev. Stat. 1967, ch. 38, par. 18-1.

JUDGMENT

After a jury trial, defendant was found guilty and sentenced to a term of not less than three nor more than seven years.

CONTENTIONS RAISED ON APPEAL

1. Defendant was improperly held accountable for the acts of an unidentified accomplice.

2. The court improperly admitted into evidence a "mug book" which included defendant's picture.

3. The State's closing argument was improper.

4. Defendant was not proved guilty beyond a reasonable doubt.

EVIDENCE

Frank Gazarek, for the State:

At about 12:40 P.M. on March 9, 1969, a Sunday afternoon, he was returning home after having mailed some letters. He was walking east on the north side of 14th Street toward Lombard Avenue in Cicero, Illinois. It was a clear, sunny day, and the lighting conditions were perfect. When he reached Harvey Avenue, he observed two men about a quarter of a block north on Harvey walking toward him, but noticed nothing unusual about them. As he crossed Harvey Avenue and continued walking east on 14th Street, he knew that the two men had turned onto 14th Street behind him because their footsteps got louder. As he neared Lombard Avenue, one of the two men caught him around the neck from behind with his left arm, and the other man jumped in front of him. He said, "What is this, a joke?" and the man behind him answered, "Just keep your mouth shut." He could feel that this first man was wearing a leather jacket. The second man, standing about two feet in front of him for two or three minutes, was white, clean-cut, about 34 years old, about 5' 10" tall, and wearing a hip-length leather jacket over a white shirt. His dark hair was combed back and he had sideburns down to the bottom of his ears.

The man who had him caught from behind lifted the complainant's topcoat and took his wallet. The man in front of him just stood and stared. Just as the witness' wallet was being taken, one of his neighbors pulled up across the street. The man in front of him saw the car stop and said, "We better get going," and the two began running east on 14th Street toward Lombard Avenue. He did not notice whether either of them limped. The neighbor jumped out of his car and started to chase the two fleeing men. When the two men got to Lombard Avenue, they turned left and ran north on Lombard about half a block and then got into a parked car. Since Lombard is a one-way street going south, they had to drive back toward 14th Street. He and the neighbor were standing at the intersection of 14th and Lombard when the car passed them. The neighbor noted the license number of the car, and the witness saw ...


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