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People v. Bailey

OPINION FILED NOVEMBER 13, 1979.

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

v.

GEORGE E. BAILEY, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Winnebago County; the Hon. JOHN E. SYPE, Judge, presiding.

MR. JUSTICE LINDBERG DELIVERED THE OPINION OF THE COURT:

Defendant, George E. Bailey, appeals from his conviction by a Winnebago County jury for armed robbery. Ill. Rev. Stat. 1975, ch. 38, par. 18-2.

At the trial Christopher Allsler testified that he was baby-sitting for his sister's children at a Rockford address. He heard someone at the door and when he opened the door a man stuck a gun in his face. Allsler was then forced to the floor and bound. While on the floor, he was able to see the man remove a television, speakers, and a lamp from the room. Allsler identified this intruder at a photographic showup, at a police lineup, and at trial, as the defendant.

Patricia Ellis was also at the apartment on the night of the robbery. She is the sister-in-law of Bonnie Ellis, who is Allsler's sister. She had planned to go out with Bonnie, but decided instead to stay with Allsler. Patricia fell asleep on the couch and she awoke when she heard a commotion and saw a man holding a gun on Allsler. She was then bound. She saw the intruder move a television set into the hallway. Ellis also identified the intruder, at a photographic showup, a police lineup, and at trial, as the defendant.

The defendant presented five witnesses. Lydia Mae Smith, Bailey's girlfriend, testified that she went to a movie with the defendant on the evening in question. The movie ended at 9 p.m. and the couple then went to pick up the defendant's mother at work, but she had already left. Bailey and Smith then went to Bailey's mother's house. Bailey left the house at about 11 p.m. and returned at approximately 1 a.m. On cross-examination the prosecutor asked Smith if she slept with Bailey when he returned that night.

The defendant's mother testified that on the evening in question a friend, Frank Wright, picked her up from work. At about 11 p.m. she and Wright went to the Tuxedo Club where they stayed until about 1 a.m. They returned home at about 1:10 or 1:15, arriving at the same time as the defendant. On cross-examination, Mrs. Bailey was asked a number of questions as to why Frank Wright was at her home that evening.

George Bailey took the stand in his own behalf. He testified that he and Smith went to a movie. After the movie the couple returned to the Bailey home. At about 11 p.m. the defendant left, alone, went to a friend's house, and had a few drinks. He then went to a bar with some friends for a few more drinks. He returned home at 1:30 a.m.

The defendant further testified that he knew James Ellis — Bonnie Ellis' husband. Bailey had been to the Ellis apartment on prior occasions, but denied being there on the date in question. On the day following the robbery, he saw James Ellis and Patricia Ellis and spoke with them for a few minutes. Patricia Ellis denied that any such meeting took place.

Frank Wright testified as to substantially the same facts as Mrs. Bailey. On cross-examination he was asked how close he and Mrs. Bailey were and if he was married.

Loretta Stockwell testified that she and some friends were drinking in a bar on the night in question. The defendant arrived at approximately 8:30 p.m. and stayed until about 11:30 p.m.

After hearing the above summarized evidence and the closing arguments of counsel, the jury found the defendant guilty of armed robbery. The defendant filed a post-trial motion setting forth only the following general grounds:

"1. That the verdict against the defendant and in favor of the plaintiff is contrary to the law.

2. The verdict against the defendant and in favor of the plaintiff is contrary to the evidence.

3. The verdict against the defendant and in favor of the plaintiff is contrary to ...


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