APPEAL from the Circuit Court of Cook County; the Hon. ROGER
J. KILEY, JR., Judge, presiding.
MR. JUSTICE LORENZ DELIVERED THE OPINION OF THE COURT:
Following a jury trial defendants Arnell and Angelo Robinson were found guilty of murder (Ill. Rev. Stat. 1977, ch. 38, par. 9-1) and sentenced respectively to 20 to 40 years and 40 to 120 years in the Illinois Department of Corrections. On appeal, they contend that (1) they were denied their right to be tried by an impartial jury when a juror's purse was stolen while she was sequestered, (2) the trial court erred in refusing to allow the contents of a police report to be used to impeach the police officer who prepared the report, and (3) the sentences imposed by the trial court are excessive.
The following pertinent evidence was adduced at trial.
On July 7, 1974, he met the deceased, Milton Jackson, at 207 South Albany, Chicago, Illinois. Jackson gave him $400 in cash for the purchase of his 1965 Cadillac Coupe de Ville and promised to pay him an additional $100 the next day. Jackson took possession of the automobile. Jackson returned with the automobile the next day at about 9:30 or 10 a.m. and met him on the front steps of a building at 200 South Albany. Jackson complained that the car would not start properly and requested his money back. He returned the $400 cash to Jackson. There were other people in the area at the time. Jackson, after counting the money, put it in his pocket and then "walked down the street to the corner."
About 45 minutes to an hour later, as he stood in front of a house at 207 South Albany, he heard people hollering and saw, about 150 feet away, two men jump on Jackson. Five or six other people whom he could not identify were in the area. Two men were "beating Jackson up, kicking him around." Another man was "standing up waving a gun." These three men next ran into the street where "one reached and got the gun from the other one and came back." This man shot the gun twice. After the second shot Jackson fell. The three men ran, "up the alley east towards Whipple Street." He was not able to identify these three men because he did not see their faces nor was he able to describe their clothing.
He arrived at a vacant lot "in the general area of Albany, Jackson and 5th Avenue" at about 8 a.m. on July 8, 1974. This was "where I usually hang around." Approximately 11 or 12 other people were present including Milton Jackson, Earl Lacy and Preacher. At about 9:15 or 9:30 a.m. Jackson walked across the street to some steps where he spoke with another man for 15 minutes. When Jackson returned, "I asked him, did he get his money." He replied that he did. Approximately one half-hour to an hour later three men approached from the east and surrounded Jackson. One of the men pointed what appeared to be a .32 caliber gun "to the back of Jackson's head" and said, "This is a stickup." The other two men grabbed Jackson and began kicking and beating him. The man with the gun waved everyone back. Jackson held his hand in his pocket, "like he was trying to hold onto his money." This fight continued several minutes. The gunman then put the gun in his pocket and tried to take the money from Jackson. Preacher grabbed a pipe and swung it at the three attackers who jumped off Jackson and ran about 15 feet down Albany Avenue. One of the men then took the gun from the other one and said, "I'll kill him." This man then shot the gun. Jackson swung a pipe, and the man fired a second shot. Jackson then fell on his face. The three attackers then ran east "down the alley to Whipple and Albany."
He identified the three attackers in a lineup on July 9, 1974. At trial he identified defendants as two of those three men he had identified in the lineup and stated that they were the same men he had seen struggling with Jackson.
On cross-examination he testified that neither of the defendants was the man who originally held the gun. He had never seen the three men before July 8, 1974.
He was present in the vacant lot with Jackson prior to and at the time of the shooting. He substantially corroborated the testimony of Roosevelt Harris concerning the incident, adding that he was about six feet from the fight and never turned his back. He testified that he identified the three attackers in a lineup on July 9, 1974. He identified defendants in court as two of the men who attacked Jackson and indicated that Arnell Robinson fired the shots.
On cross-examination he testified that he did not see either Jackson or Preacher pick up a pipe. He observed the three men as they ran away after the shooting. They ran together down the alley to Whipple, but he could not tell how far apart they were.
He was the brother-in-law of Milton Jackson and was present at the scene of the shooting. He substantially corroborated the testimony of Harris and Lacy concerning the incident. He testified that he tried to pull one of the men off of Jackson, but "he kicked me and knocked me down." He then obtained a pipe from an old car that was on the vacant lot and tried to hit them but missed. Two of the men appeared scared and ran into the street. The third one ran and grabbed the gun from one of the other men. This man then came back and fired two shots at Jackson, the first hitting a windshield, the second hitting Jackson. Jackson fell on his face and the three men ran away. Ayers further testified that he then removed the cash from Jackson's pocket and gave it to Jackson's wife.
In a police lineup on July 9, 1974, he was able to recognize two men who were involved in the shooting. He identified Arnell Robinson in court as one of the men he had recognized in the lineup and stated that Arnell Robinson was one of the men he saw in the struggle with Jackson.
On cross-examination he admitted that he had known Jackson for about 18 years and wanted to see those responsible for his death punished. He heard the man who shot Jackson say, "Give me the gun. I'll kill this so and so." He ...