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People v. Willie

OPINION FILED MARCH 9, 1979.

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

v.

EDWIN WILLIE, DEFENDANT-APPELLEE.



APPEAL from the Circuit Court of Cook County; the Hon. GARLAND WATT, Judge, presiding.

MR. PRESIDING JUSTICE SULLIVAN DELIVERED THE OPINION OF THE COURT:

The sole issue presented by the State in this appeal is whether the trial court erred in dismissing the indictment against defendant for attempt robbery.

The occurrence which took place at Bethany Methodist Hospital involved Mary Ann Goecke, a nurse. The only person to testify before the grand jury was police officer Phillip Delia, who did not observe the occurrence and testified only to what Goecke had told him. Neither Goecke nor Fred Luce, a security guard who had observed the occurrence, appeared before the grand jury. Delia's testimony, in pertinent part, was as follows:

"Q Mr. Delia, did you on the 31st of July, some time in the early morning hours, arrest a man now known as Edwin Willie?

A I did.

Q Where did you arrest him and under what circumstances?

A I arrested him in the area between Ashland and Paulina, 4900 block, after he was chased by a security guard. I joined in the chase after he attempted to rob a nurse.

Q He was apprehended, was he not?

A That's correct.

Q Did you have occasion to talk to the nurse, namely, Mary Ann Goecke?

A I did.

Q Did she give you an account of an incident that happened at the Emergency Room at the hospital she worked in?

A That's correct.

Q That's at 2500 North Paulina?

A That's correct.

Q Which hospital is that, Officer?

A Bethany Methodist.

Q What did she ...


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