People v. Anderson, 34813
| Court | Supreme Court of Illinois |
| Writing for the Court | BRISTOW |
| Citation | 17 Ill.2d 422,161 N.E.2d 835 |
| Parties | PEOPLE of the State of Illinois, Defendant in Error, v. Robert ANDERSON, Plaintiff in Error. |
| Docket Number | No. 34813,34813 |
| Decision Date | 24 September 1959 |
Page 835
v.
Robert ANDERSON, Plaintiff in Error.
Rehearing Denied Nov. 16, 1959.
[17 Ill.2d 423]
Page 836
Erwin W. Roemer, and Howard S. MacAyeal, Chicago, for plaintiff in error.Latham Castle, Atty. Gen., and Benjamin S. Adamowski, State's Atty., Chicago (Fred G. Leach, William H. South, Asst. Attys. Gen., and Francis X. Riley, Asst. State's Atty., Chicago, of counsel), for the People.
BRISTOW, Justice.
Defendant was convicted of the crime of burglary in the criminal court of Cook County. His petition for a writ of error under Rule 65-1, S.H.A. ch. 110, § 10s.65-1, was allowed by this court, counsel was appointed for defendant and the case was orally argued.
Defendant contends that the evidence was insufficient to establish his guilt beyond a reasonable doubt; that certain evidence was improperly admitted; and that the court considered improper matters in aggravation and by reason [17 Ill.2d 424] thereof imposed an unreasonable sentence of a minimum of 15 years and a maximum of 50 years.
The manager of the Liberty Loan Corporation testified that his place of business had been broken into on the night of October 1, 1952, and that a safe had been removed from the premises. The cashier of the company testified that there was approximately $500 in the safe when the office was closed. Carl Wilson testified that about 2 o'clock on the morning of October 2, he saw defendant, together with Braxton Anderson and Thomas Woods, in a garage and that these men were trying to open a safe. Wilson did not know how the safe got into the garage. The men were having trouble getting the inner door of the safe open and they all left the garage,
Page 837
leaving Wilson with the safe. While the other men were gone, Wilson stole the safe and took it to another location where Wilson and two other men opened the inner safe and found about $400. The money had been partially burned. Wilson paid his accomplices $100 each and took the rest of the money to his girl friend, Lorraine Johnson. Police officer Matthew Ferguson testified that after talking with Wilson and Lorraine Johnson, he went with the girl to her home where he picked up a key and went to the railroad station where he opened a locker and removed approximately $300. At the trial, certain money which was partially burned was introduced in evidence. Wilson identified this as the money which he had removed from the safe and later given to Lorraine Johnson. However, on cross-examination he stated that he could not be sure that it was the same money. Lorraine Johnson identified the money as the same which Wilson had given her and the police officer identified it as the money which had been removed from the locker.Officer Ferguson also testified that on October 8, he and two other officers and Carl Wilson were parked in officer Ferguson's private car, which was not...
To continue reading
Request your trial
-
People v. Moore, Nos. 38773
...in defendant's possession or control at the time of the arrest. (People v. Wright, 30 Ill.2d 519, 198 N.E.2d 316; People v. Anderson, 17 Ill.2d 422, 161 N.E.2d 835; People v. Davis, 14 Ill.2d 196, 151 N.E.2d 308; People v. Jackson, 9 Ill.2d 484, 492, 138 N.E.2d 528; People v. Smith, 413 Ill......
-
State v. Jones, No. 2
...v. State, 221 Ga. 257, 144 S.E.2d 370 (1965) (defendant apprehended pursuant to arrest warrant for a separate crime); People v. Anderson, 17 Ill.2d 422, 161 N.E.2d 835 (1959) (defendant resisted arrest and shot officer); People v. Gambino, 12 Ill.2d 29, 145 N.E.2d 42 (1957), cert. denied, 3......
-
People v. Lewis, No. 35140
...11, 15, 62 N.E.2d 683. Since the evidence in this case conclusively shows that $100 in cash was received by defendant from Mufale, that [17 Ill.2d 422] in itself is sufficient to establish the charge made in the indictment relative to the identity of the subject matter obtained. We reject, ......
-
United States ex rel. Long v. Pate, No. 17282.
...were a violation of the United States Constitution. The convictions were affirmed by the Illinois Supreme Court in People v. Anderson, 17 Ill.2d 422, 161 N.E.2d 835 (1959)1 and People v. Long, 39 Ill.2d 40, 233 N.E.2d 389, 1953 CONVICTION In support of his application for a writ of habeas c......
-
People v. Moore, Nos. 38773
...in defendant's possession or control at the time of the arrest. (People v. Wright, 30 Ill.2d 519, 198 N.E.2d 316; People v. Anderson, 17 Ill.2d 422, 161 N.E.2d 835; People v. Davis, 14 Ill.2d 196, 151 N.E.2d 308; People v. Jackson, 9 Ill.2d 484, 492, 138 N.E.2d 528; People v. Smith, 413 Ill......
-
State v. Jones, No. 2
...v. State, 221 Ga. 257, 144 S.E.2d 370 (1965) (defendant apprehended pursuant to arrest warrant for a separate crime); People v. Anderson, 17 Ill.2d 422, 161 N.E.2d 835 (1959) (defendant resisted arrest and shot officer); People v. Gambino, 12 Ill.2d 29, 145 N.E.2d 42 (1957), cert. denied, 3......
-
People v. Lewis, No. 35140
...11, 15, 62 N.E.2d 683. Since the evidence in this case conclusively shows that $100 in cash was received by defendant from Mufale, that [17 Ill.2d 422] in itself is sufficient to establish the charge made in the indictment relative to the identity of the subject matter obtained. We reject, ......
-
United States ex rel. Long v. Pate, No. 17282.
...were a violation of the United States Constitution. The convictions were affirmed by the Illinois Supreme Court in People v. Anderson, 17 Ill.2d 422, 161 N.E.2d 835 (1959)1 and People v. Long, 39 Ill.2d 40, 233 N.E.2d 389, 1953 CONVICTION In support of his application for a writ of habeas c......