People v. Noble

• Decision Date: 22 July 1966
• Docket Number: Gen. No. 51077
• Citation: People v. Noble, 219 N.E.2d 777, 73 Ill.App.2d 289 (Ill. App. 1966)
• Parties: PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Edwardell NOBLE, Defendant-Appellant.
• Court: Appellate Court of Illinois

Page 777

219 N.E.2d 777

73 Ill.App.2d 289

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Edwardell NOBLE, Defendant-Appellant.

Gen. No. 51077.

Appellate Court of Illinois, First District, Second Division.

July 22, 1966.

Gerald W. Getty, Public Defender, Thomas J. Kelly, Asst. Public Defender, Chicago, for appellant.

Daniel P. Ward, State's Atty., Cook County, Charles Barish, Asst. State's Atty., Chicago, for appellee.

ON MOTION FOR LEAVE TO WITHDRAW AS ATTORNEY

BURKE, Justice.

The Court having considered the Motion by the Public Defender, Gerald W. Getty, for Leave to Withdraw as Attorney for Defendant-Appellant, Edwardell Noble, and the affidavits of two assistant Public Defenders who investigated possible ground for review on the common law record and the transcript of proceedings, and the Court having examined the common law record and the transcript of proceedings and found:

The prosecuting witness, Paul Parenteau, testified that on the night of September 14, 1965, he was drinking in a tavern on West Leland Avenue in Chicago. Co-defendant Charles Porter imposed upon Parenteau to shoot a game of dice but Parenteau declined. After further prompting the two men went outside and rolled dice in a nearby hallway. Porter was losing and asked to borrow money from Parenteau. Parenteau declined and offered to buy Porter a drink instead. They returned to the tavern and Parenteau bought drinks and left shortly thereafter. As he left the tavern he was accosted by four men in a nearby alley. The men knocked him to the ground, spread-eagled him on his back and proceeded to beat and rob him of his wristwatch, keys and some $80. While the robbery was in progress, a police car entered the alley and the four men ran. The three co-defendants, Noble, Porter and Perry, were apprehended within a few minutes in the immediate area of the incident and Parenteau, at the scene, identified all three as the assailants.

Chicago Police Officer Matthew Barker testified that he and his partner, Officer Leroy Wandtke, were crusing in their squad car when they saw four men beating and apparently robbing a fifth man in an alley. They first witnessed the incident from about 100 feet away, and were some 50 feet away when the four men ran. The victim, Parenteau, had bruise marks about his face and head. the three defendants were apprehended within a few minutes within 70 feet of the place where the incident occurred and all three were immediately identified by Parenteau as the assailants. The three defendants were taken to the police station and searched. A wristwatch and keys belonging to Parenteau were found on Perry and $41 was found on Porter.

Defendant Porter testified that he and another man were shooting dice on the night in question and that Parenteau walked up to them and asked where he could locate a woman. Porter told him he did not know and Parenteau left and went to a tavern. Porter left the game a short while later and went to the same tavern where he had a few drinks with Parenteau. After some discussion the two men left the tavern to shoot dice. Defendant Noble was also in the game. Defendant Perry came on the...