APPEAL from the Circuit Court of Cook County; the Hon. FRANK
J. WILSON, Judge, presiding.
MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT:
Murder. Ill. Rev. Stat. 1967, ch. 38, par. 9-1 (a-2) and (a-3).
Armed robbery. Ill. Rev. Stat. 1967, ch. 38, par. 18-2.
Aggravated assault. Ill. Rev. Stat. 1967, ch. 38, par. 12-2 (a-6).
After a jury trial, a verdict was returned finding defendant guilty of murder, judgment was entered, and defendant was sentenced to a term of 15-40 years. The jury's verdict also found defendant guilty of armed robbery but the record does not disclose any judgment thereon. By a third verdict, the jury found defendant not guilty of aggravated assault and judgment was entered thereon.
CONTENTIONS RAISED ON APPEAL
1. Defendant's statements were obtained in violation of Miranda v. Arizona and Escobedo v. Illinois.
2. The admission of defendant's statements, which were the only direct evidence of defendant's complicity in murder and robbery, was reversible error.
3. Defendant was not proved guilty beyond a reasonable doubt.
A short time after midnight on February 26, 1969, James Booker, a security guard for the Chicago Housing Authority, was shot while in the lobby of a CHA building located at 2544 S. State Street. His partner, Walter Todd, arrived at the scene 20 to 30 seconds after he heard the shot and observed defendant standing over the body. Todd saw defendant pick up an object and start to run out of the main entrance of the building. Defendant was ordered to halt but, instead, turned on Officer Todd with a raised pistol in his hand. The officer fired two shots, striking defendant in the chin, and he fell about six feet from the body of Booker. Todd then ran toward defendant and kicked the pistol from his hand. That gun was found to have belonged to the deceased. The murder weapon was never found. Todd had known defendant before, because he [defendant] lived in the building. Defendant was treated at Michael Reese Hospital and then taken to the police station where at approximately 5:00 A.M., in the presence of four witnesses, he made an oral statement denying any role in the crime. No Miranda warnings had been given prior to this statement. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694.
On February 27, 1969, at about 5:30 P.M., two other police officers called the House of Correction and received permission to see defendant. When they arrived, defendant was in his bed, and when asked how he felt, replied "pretty good." Defendant and the two officers then walked down the hall to another room. There was nothing unusual about defendant's ability to walk. One of the officers gave defendant all of the Miranda warnings and defendant said he understood them. Defendant then made an inculpatory oral statement concerning the death of James Booker. When asked if he would sign a written statement, he stated that he wanted to talk to his mother first. He never asked to have a lawyer present. The officers called defendant's mother and went to her apartment to tell her of her son's request. She said she would see him the next day.
On February 28, 1969, two of the detectives who had obtained defendant's first oral statement saw him again in the police ward of Cermak Memorial Hospital. He was again advised of his Miranda rights and replied that he would sign a statement if his mother was notified. The detectives thereupon took an oral statement from him, left the hospital, and returned to the police ...