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People v. Walton

NOVEMBER 9, 1973.

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

v.

LIONEL WALTON, A/K/A ANDREW GARRETT, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. SAUL A. EPTON, Judge, presiding.

MR. JUSTICE LORENZ DELIVERED THE OPINION OF THE COURT:

OFFENSE CHARGED

Murder in violation of section 9-1 of the Criminal Code of 1961 (Ill. Rev. Stat. 1967, ch. 38, par. 9-1). *fn1

JUDGMENT

After a bench trial defendant was found guilty of murder and sentenced to imprisonment for not less than 20 nor more than 30 years.

CONTENTIONS RAISED ON APPEAL

(1) The trial court erred in not vacating the judgment of conviction and sentence where newly discovered evidence raised a bona fide doubt as to the competency of the defendant.

(2) The representation provided the defendant by appointed counsel was so ineffective as to violate his right to due process of law.

(3) The defendant's right to counsel at a critical stage of the prosecution was violated when, after indictment and without the presence or knowledge of his counsel, the prosecution made a photographic presentation to witnesses.

This appeal is taken from two orders of the trial court finding defendant guilty of murder and denying defendant's petition under section 72 of the Civil Practice Act (Ill. Rev. Stat. 1969, ch. 110, sec. 72).

EVIDENCE

Victoria Villanueva, for the State:

At approximately 7:20 P.M. on August 2, 1969, while working in her husband's grocery store, she observed two black youths enter through the front door and walk over to where her husband stood behind the counter. Only Mrs. Betty Cardwell, a customer, was otherwise present. She observed them closely for nearly three minutes since they appeared too young to purchase liquor. She described one of the youths as being about twenty years old, wearing a black hat, dark clothes, whom she identified as the defendant, Lionel Walton. She described the other youth, later identified as Rhoiney, as being eighteen or nineteen years old, about five feet eight inches in height and wearing a yellow hat with tassels. Upon noticing that Rhoiney had a gun in his hand and that Walton had a bulge in his pocket that appeared to be the outline of a gun, she slipped through a rear door into the kitchen in order to telephone for help. When Walton followed her to the kitchen door, she exited via a rear entrance. Running around toward the front of the store, the witness heard about five shots, and then going forward, she saw her son, Jerry, chasing Rhoiney across a vacant lot. Walton was running across another lot in a different direction. She called for her son to come back and then entered the store to find Mrs. Cardwell ...


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