APPEAL from the Circuit Court of Cook County; the Hon. EARL E.
STRAYHORN, Judge, presiding.
MR. JUSTICE LORENZ DELIVERED THE OPINION OF THE COURT:
Rehearing denied July 21, 1978.
Following a bench trial, defendant was convicted of murder, attempt murder, armed robbery, attempt armed robbery and aggravated battery (Ill. Rev. Stat. 1975, ch. 38, pars. 9-1, 18-2, 8-4, 12-4), and was sentenced to concurrently serve 15-25 years in the Illinois Department of Corrections. On appeal, he contends that: (1) he was not convicted beyond a reasonable doubt, and (2) his right to cross-examine a witness was improperly denied.
At a bifurcated proceeding wherein defendant received a bench trial and co-defendant Arnold Wilson received a jury trial, the following evidence pertinent to this appeal was adduced.
Patrick Carey, Chicago Police Officer
On July 19, 1975, at approximately 8:11 p.m. he and his partner went to 9401 South Ashland in response to a call. Upon arriving at the scene he saw Samuel Pugh, who was bleeding from the face and arm, lying on the sidewalk in the lap of Margaret Bradford. He entered the front of the meat store and saw a man named Carrellas who was bleeding from the arm and chest sitting on the floor. He sent a radio message for a squadrol to take these men to the hospital. Upon entering the back of the store, he saw Tennis Draper, lying on the floor in a pool of blood and obviously dead, and Terry Howes, who was unconscious and bleeding from the neck. These men were removed from the scene.
On cross-examination he acknowledged that Margaret Bradford told him at the scene that Terry Howes had opened the back door when Reginald Smith and the other two offenders came in.
He owned a meat store at 2620 East 87th Street with Tennis Draper. He also owned meat stores at 4252 West Cermak and 9401 South Ashland with Tennis Draper and Jimmy Carrellas. On July 19, 1975, at approximately 4 p.m. he talked to defendant at the South Ashland store, and when Smith asked him where he would be at 7 that evening, he told him he would probably be there at the store. Sometime between 7 and 7:30 that evening he was in the rear of the store with Tennis Draper and Terry Howes, when Smith, Arnold Wilson and Robert Jones entered. When Tennis Draper asked, "What do you guys want?" both Wilson and Jones pulled out pistols and said, "This is a hold-up" or a "stick-up." Jones went to the front of the store and returned to the back room with Margaret Bradford and Jimmy Carrellas while Wilson walked around looking through drawers and saying that he wanted money. He and Tennis Draper were both talking to defendant saying, "Reginald, this is not necessary" and "Reginald, you shouldn't do this, we know you." When Draper asked defendant, "How come you are doing this?" Smith replied, "This is the only way I can get any money." Draper offered defendant a check, but he replied, "We don't want no check, we want cash." Draper said that a check was the only thing they had, began to write one out, and asked to whom and for how much it should be made out. Smith instructed Draper to make it out to him and for $500. Draper wrote out and gave Smith the check after which Smith, Wilson and Jones talked together for approximately 15 seconds. Jones then walked over to where he and Draper were still standing and shot Draper in the face. Jones also shot Pugh in the face, right under his right eye. He fell forward, heard some more shots, and was shot twice in back. After lying on the floor until he heard the shooting stop, he got up and asked Margaret Bradford, his sister, to take him to the hospital. He was bleeding badly, so he lay down on the ground, resting on his sister's knee, until the ambulance came.
On cross-examination he acknowledged that he had known Smith since March 1975 when he contracted with Smith to have some work done at the West Side store. The contract called for a payment of $1,300. Before Smith started working he gave him $800, but he stated that because Smith did not complete the work, he did not give him the $500 balance. He acknowledged that Smith delivered meat for him and always brought back the money he received from customers, but denied that Smith asked him for his $500 or told him that he would settle for installment payments of $50 a week. He admitted that during the course of the robbery, he did not see Smith holding a gun, but denied that Smith asked him to tell Wilson and Jones that he hadn't been paid the $500, or that Smith ever told Jones to leave the people's wallets alone.
In the summer of 1975 her brother, Terry Howes, worked at South Shore Meats for Sam Pugh, her husband. She saw Terry Howes on July 18, 1975, and he seemed to be in perfect health. She next saw him on July 20, 1975, in the intensive care unit at Wesley Hospital, at which time he was ...