People v. Clark, 36835
| Decision Date | 27 September 1963 |
| Docket Number | No. 36835,36835 |
| Citation | 192 N.E.2d 851,28 Ill.2d 423 |
| Parties | The PEOPLE of the State of Illinois, Defendant in Error, v. James CLARK, Plaintiff in Error. |
| Court | Illinois Supreme Court |
Thomas A. Loose, Peoria, for plaintiff in error.
William G. Clark, Atty. Gen., Springfield, and James V. Cunningham, State's Atty., Peoria , for defendant in error.
James Clark was found guilty of the crime of robbery by a jury in the circuit court of Peoria County and sentenced to the penitentiary for a term of 4 to 8 years. The only question raised on this writ of error is whether the identity of defendant as the perpetrator of the crime was proved beyond a reasonable doubt.
Between 8:00 P. M. and 9:00 P. M. on November 18, 1960, Vaneeda Fleener was returning home from the grocery store when her car ran out of gasoline near the intersection of Bradley and Windom streets in Peoria. She walked to a service station, purchased a gallon of gasoline, and on her return to her automobile she was approached by two men. The man on her right grabbed her, pushed her back and started hitting her in the ribs with his fist. The man on her left tore her purse loose from her arm and the two men fled.
Mrs. Fleener testified that she observed the man who pulled her purse from her arm but not the man who struck her. She said the area was well illuminated by street lights at the intersection and from a string of lights at a used-car lot near there. The man on her left was only one to two feet away from her and she observed him for several minutes while he tugged and jerked at her purse before breaking it loose from her arm.
On December 6 she was called to the police station to view some suspects. While waiting at the station she saw three or four men moving articles from one room to another. She recognized one of these men as the man who took her purse. She then went into the line-up room and identified the defendant from the group. She later learned that the articles being moved by the men were stolen articles. She again positively identified defendant at the trial.
The defendant did not testify. His girl friend, a junior in high school, testified that defendant was at her home during the time the robbery occurred. The girl friend's sister, also a junior in high school, corroborated the testimony of her sister.
Defendant argues that the complainant's...
To continue reading
Request your trial
-
United States v. Wade
... ... We said, quoting a concurring opinion in Spano v. People of State of New York, 360 U.S. 315, 326, 79 S.Ct. 1202, 1209, 3 L.Ed.2d 1265, that '(a)nything less ... Mr. Justice CLARK, concurring ... With reference to the lineup point involved in this case I ... ...
-
United States v. Denno
... ... identification; not to the admissibility or constitutionality of testimony relating thereto, People v. Partram, 60 Cal.2d 378, 384 P.2d 1001 (1963), cert. denied, 377 U.S. 945, 84 S. Ct. 1353, 12 ... Clark, 28 Ill.2d 423, 192 N.E.2d 851 (1963), (witness saw one of suspects in police station before ... ...
-
People v. Bernette
... ... [30 Ill.2d 361] ... Page 438 ... Warren J. Carey, Chicago, for plaintiff in error ... William G. Clark, Atty. Gen., Springfield, and Daniel P. Ward, State's Atty., Chicago (Fred G. Leach and E. Michael O'Brien, Asst. Attys. Gen. and Elmer C. Kissane ... ...
-
People v. Mitchell
... ... People v. Clark, 28 Ill.2d 423, 192 N.E.2d 851. We do not believe that the identification of the defendant was in any way unsatisfactory, nor can we say that the ... ...