APPEAL from the Circuit Court of Cook County; the Hon. THOMAS
R. FITZGERALD, Judge, presiding.
JUSTICE JOHNSON DELIVERED THE OPINION OF THE COURT:
Rehearing denied January 7, 1982.
Defendant, James Glover-El, appeals his conviction for armed robbery (Ill. Rev. Stat. 1977, ch. 38, par. 18-2), raising the following issues for review: (1) whether the trial court erred in refusing to suppress a gun seized during a warrantless entry into his home; (2) whether the trial court erred in refusing to quash his arrest; (3) whether out-of-court identification following and evidence seized during his alleged illegal arrest should have been suppressed; (4) whether the Illinois search without warrant statute is unconstitutional; (5) whether he was denied a fair trial where the State failed to provide prior statements of his co-defendant; (6) whether the trial court erred by allowing the State to amend the indictment so as to substitute the name of one complainant for another; (7) whether he was proved guilty beyond a reasonable doubt where the accomplice witness was a narcotics addict; (8) whether he was denied the right to effective assistance of counsel; and (9) whether remarks by the prosecution in closing argument were prejudicial.
On the evening of June 13, 1979, a robbery occurred at the Super X Food and Liquor Store on 83d and Racine in Chicago. LeRoy Weathers, a security guard authorized to carry a gun, testified that he had stopped in the store on his way to work. While there, a man put a gun to Weathers' head, took his gun and told him to jump over a counter and lie flat on his face behind it. Someone took Weathers' identification and his money. Several days later, Weathers identified Frederick Brown in a lineup as the man who had placed the gun to his head.
Terris Motten, manager of the Super X store, testified that on the evening of June 13, 1979, at around 10:50, he was waiting on Weathers when a man walked into the store, pulled out a gun and placed it against Weathers' head. After the man instructed Motten to lie down behind the counter, someone searched Motten, taking his wallet with his driver's license, cash and keys. Two hundred dollars was taken from the cash register. Several days later, Motten identified Frederick Brown in a lineup as the man who had pulled out the gun.
Frederick Woods testified that he walked into the liquor store while the robbery was in progress. A man at the cash register pointed a gun at Woods, told him it was a "stickup" and that Woods should go into the back room. The man with the gun was Frederick Brown, according to the witness. As Woods walked the 30 feet to the back room, he saw another man with a gun whom he identified in court as defendant Glover-El. The latter took Woods' money. Woods testified that on the night in question the lights in the store were bright. Woods identified defendant Glover-El in a lineup on June 20, 1979.
Frederick Brown, the State's accomplice witness, testified that he intended to plead guilty to the charge of armed robbery at the Super X store in exchange for leniency. He stated that on the evening of June 13, he, Michael Jordan, and defendant robbed the liquor store. Brown's testimony corroborated the accounts of the robbery given by the victims.
Before trial, a hearing was held on a motion to quash arrest and suppress evidence. The following was established.
On the evening of June 16, 1979, Chicago police received a teletype message from Wisconsin police. A parent had reported that his 15-year-old daughter was missing, that she was being held against her will at 6337 South Wood in Chicago, and that she had been raped several times. The message requested that Chicago police check to see whether the girl was at the address and if so, to pick her up and hold her, and then advise the reporting agency.
On the morning of June 17, 1979, five police officers went to the house at 6337 South Wood. When they arrived, two men jumped out of a window of the house and fled. The police chased and arrested the men. At that time, needles and syringes were discovered near the window. The men arrested were Frederick Brown and Michael Jordan.
Officer Phillip Chomiak testified that defendant Glover-El was standing in the doorway to the house. Chomiak identified himself, told Glover-El that he had information concerning a girl who was being held against her will in the house, and gave defendant a copy of the message about the girl. When Chomiak said he would like to investigate the matter himself, Glover-El permitted the officer to enter and look for the girl. Officer William O'Neil also testified that Glover-El gave the policemen permission to enter the house. However, Glover-El stated that he did not permit the officers to come inside but asked them whether they had a warrant. According to Glover-El, the police then just pushed by him.
Officer Chomiak entered the house. In the living room he saw five people, none of whom was the missing girl. In a second floor bedroom, the officer saw the handle of a gun sticking out of a woman's purse. He seized the gun and the purse. When he returned to the living room, he asked who owned the purse. When Jacqueline Brown claimed it as her own, Chomiak arrested her for failure to possess city registration and a State gun owner's identification card. The police did not find the missing girl.
When Officer Chomiak returned to headquarters, he discovered that the gun he had seized belonged to LeRoy Weathers, the security guard who had been a victim of the armed robbery at the Super X store. The officer then obtained descriptions of the offenders from the policemen who were investigating that robbery. Chomiak informed the officers that he had in custody certain individuals who ...