People v. Levy

• Decision Date: 14 April 1939
• Docket Number: Gen. No. 40341.
• Citation: 299 Ill.App. 453,20 N.E.2d 171
• Parties: PEOPLE v. LEVY.
• Court: United States Appellate Court of Illinois

299 Ill.App. 453

20 N.E.2d 171

PEOPLE

v.LEVY.

Gen. No. 40341.

Appellate Court of Illinois, First District, Third Division.

March 29, 1939.

Rehearing Denied April 14, 1939.

Appeal from Criminal Court, Cook County; Francis B. Allegretti, Judge.

William Levy was convicted for conspiracy to rob and he brings error.

Judgment reversed and cause remanded with directions. Wm. Scott Stewart, of Chicago, for plaintiff in error.

Thomas J. Courtney, Edward E. Wilson, John T. Gallagher, Melvin S. Rembe, and Blair L. Varnes, all of Chicago, for the People.

HEBEL, Justice.

William Levy, a defendant, was convicted in the Criminal Court of Cook County after waiving a jury, for conspiracy to rob, and sentenced to the penitentiary. He prosecutes this writ of error.

The indictment for conspiracy alleges that Robert Schaefer and William Levy, on February 25, 1938, conspired with each other and with divers other persons, whose names are unknown, to rob Louise Hansen and steal a wrist watch of the value of $650, contrary to the statute. A plea of not guilty was entered. The jury waiver was signed as to each defendant, the State consenting. On motion of the State, severance was granted to the defendant Levy. Testimony was heard as to the defendant Levy, and at the close of the State's evidence, a motion for a finding of not guilty was entered and denied as to this defendant. The finding of the court at the close of the evidence was that defendant Levy was guilty of conspiracy to commit robbery in manner and form as charged in the indictment. Motion of the defendant in arrest of judgment was entered and overruled and exception. Thereupon the court sentenced the defendant on the finding and judgment to the penitentiary for a term of from one to five years, one dollar fine and no costs.

The evidence of the complaining witness, Louise Hansen, was introduced by stipulation, from which it appears she was an entertainer at Ann Millstone's Club, 1210 East 63rd Street, Chicago; that she owned a platinum diamond wrist watch of the value of $650, which she had been wearing; that Levy, who had a reputation as a repairer of jewelry, asked her to take this watch off and he examined it carefully; that he took out the works and said it was the neatest piece of machinery he had ever seen, and that he could duplicate it for $125. There was attached to this wrist watch a black wrist band, and Levy stated he could get her a diamond band very cheap. Schaefer, the other defendant, testified that he knew Miss Hansen by sight; that he knew the defendant Levy and saw him around the Ann Millstone Club about ten times; that he talked with him about that number of times; that the first time he talked with Levy about Miss Hansen's watch was in February; that he had three conversations with Levy in respect to the watch; that Levy asked Schaefer if he wanted to make a little extra money and if he could hold up Miss Hansen and get the watch. When asked if he cared to make some money Schaefer answered yes and Levy said if he could get the watch he, Levy, would give Schaefer $50; that defendant Levy said it was a good watch and he wanted to get it and for Schaefer to get it by holdup and bring it to him. They talked again about the watch the next evening and Levy asked him if he had secured it. Schaefer said no and defendant said that they would try again that night. On the second night, or at the second conversation in respect to the watch, Levy gave Schaefer a pistol.

There is also evidence of a third conversation in respect to the holdup at which Greinke was present, and the three, Levy, Schaefer and Greinke, were drinking beer together. Levy had bought drinks for Schaefer on several occasions, especially the night of the talk in respect to stealing the watch. Schaefer introduced Greinke to Levy and Levy said, “Are you boys going to get this tonight?” and they answered, “We don't know, we'll try.” They did not see Levy after this night because they were arrested with the gun in their possession and told the officers where they obtained the gun. The first time Levy talked to Schaefer about getting the watch he was supposed to give Schaefer $50. Schaefer said, “I did not give it a thought whether I would do it or not. I just went along with him. Up to the time I saw Miss Hansen leave I intended to carry through the agreement.”

It further appears from the testimony of Harry Greinke that he met Levy and Schaefer at the Ann Millstone Club, and that he heard a part of the conversation between Schaefer and Levy outside of the Millstone Club in February. Levy told Schaefer about a wrist watch, where it was and where Louise Hansen lived. He said she worked at the night club, went home late at night down 63rd Street to Kimbark. Levy said he wanted Schaefer to get her watch and said further that there was a gun and for Schaefer to get the watch even if he had to break in to get it. This witness was with Schaefer when Schaefer was arrested and the gun they used in robberies was the gun that came from Levy. When Levy was arrested he denied that he knew Schaefer.

At the trial Levy testified, and from his testimony it appears that he admitted he was acquainted with Schaefer, and had purchased drinks for him; that this happened in February or March, but stated that he did not converse with him and did not see him after that. This defendant denied the statements made by Schaefer and he also stated that he never met Greinke until he was in custody at the Woodlawn Police Station. Afterward he admitted on cross]examination that he knew Louise Hansen and had seen the watch and examined it.

The defendant Levy in the case before us contends that there was no proof of conspiracy and that the only evidence tending to show conspiracy was given by an accomplice and that such accomplice was not corroborated. The People, however, answer to this...