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People v. Boose





APPEAL from the Circuit Court of Cook County; the Hon. LOUIS A. WEXLER, Judge, presiding.


At the conclusion of a jury trial in the circuit court of Cook County, defendant, Jeffrey Boose, was found guilty of armed robbery (Ill. Rev. Stat. 1977, ch. 38, par. 18-2) and was sentenced to a term of 4 to 12 years imprisonment. On appeal, defendant contends the trial court erred in its instructions to the jury on the legal concepts of accountability and circumstantial evidence.

We affirm the trial court.

On December 10, 1973, at approximately 4:25 p.m., two men entered the Allstate Insurance Company sales office, at 9133 Stony Island Avenue, Chicago, Illinois. Therese Davis, an employee of Allstate, testified that she approached the taller of the two men and asked, "Sir, can I help you?" When the taller man responded, "Where do you make your payments?" Ms. Davis directed him and his companion to the desk of her co-worker, Roseanne Monocchio.

As the two men made their way toward Ms. Monocchio's desk, Ms. Davis turned away, returned to her own desk, and resumed a telephone conversation with an insurance agent whom she had placed on "hold." Upon concluding the telephone conversation, Ms. Davis looked up and saw Ms. Monocchio trying to mouth to her, "It was a robbery."

Ms. Davis yelled, "robbery"; ran toward Ms. Monocchio and at that point, she saw three men run out of the entry and exit door of the office. It was later learned that the third man Ms. Davis saw run from the building was Chicago Police Officer Clifford Doyle.

On May 1, 1974, Ms. Davis viewed a lineup and at that time positively identified the defendant, Jeffrey Boose, as the man she had spoken to in the Allstate sales office immediately before the robbery. However, at trial, Ms. Davis could not identify the defendant as either the man she had seen in the Allstate office or as the man she had picked from the May 1974 lineup. Ms. Davis did testify that at the time of the lineup, she was certain the man she identified was the same man she talked to in the Allstate office immediately before the robbery.

Roseanne Monocchio testified that on December 10, 1973, she was employed by Allstate in its Stony Island Avenue sales office. Ms. Monocchio stated that on that day at approximately 4:25 p.m., she was working at her desk when a brown paper bag was thrown in front of her. As she looked up, she saw two men standing near her. One of the men held a revolver which he "sort of [hid] behind" Ms. Monocchio's double-stacked in-out box. He demanded that Ms. Monocchio give them "the money." Ms. Monocchio asserted that as she removed $266 from her desk drawer the money was snatched from her hand. The two men then rushed out of the office.

During the incident, Ms. Monocchio was looking primarily at the revolver and the face of the man holding it. She testified that she had only a "glimpse" of the second man involved in the robbery and could not identify him. She further said that the defendant was not the man who had held the gun during the robbery.

Chicago Police Officer Clifford Doyle testified that in the late afternoon of December 10, 1973, he was sitting in the reception room of the Allstate Insurance Company building, at 9133 Stony Island Avenue, waiting to make a personal claim. Officer Doyle explained that he was off duty at the time and was dressed in civilian clothes.

The reception room, in which Officer Doyle was sitting, was separated from the company's sales office by a full glass door. At approximately 4:25 p.m., Officer Doyle asserted that he saw the defendant, Jeffrey Boose, enter the sales office with another man, shorter in height, at his side. Officer Doyle testified that he had seen the defendant in the surrounding neighborhood several times prior to December 10 and knew the defendant as "Jeffrey."

A few minutes after the defendant and the shorter man entered the building, Officer Doyle heard the "rustle of feet." When he looked up, Officer Doyle saw the defendant and the shorter man "trotting" out of the sales office at a very hurried rate. At about the same time, Officer Doyle heard Therese Davis yell, "robbery."

Officer Doyle ran out of the building and chased the two men northbound on Stony Island Avenue. As the two men reached the corner of 91st Place, Officer Doyle shouted that he was a police officer and ordered them to stop. The two men did not respond but turned the corner and ran east on 91st Place until they reached a white Pontiac automobile. A third man was already sitting in the driver's seat of the automobile and had the engine running.

As the defendant entered the automobile, the shorter man turned and fired at Officer Doyle. Officer Doyle dove to the ground and returned two shots both of which missed. After firing a second shot at Officer Doyle, the shorter man jumped ...

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