People v. Gaiter

291 N.E.2d 172, 8 Ill. App. 3d 784, 1972 Ill. App. LEXIS 2123
CourtAppellate Court of Illinois
DecidedNovember 22, 1972
Docket55182, 55597 cons.
StatusPublished
Cited by3 cases

This text of 291 N.E.2d 172 (People v. Gaiter) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Gaiter, 291 N.E.2d 172, 8 Ill. App. 3d 784, 1972 Ill. App. LEXIS 2123 (Ill. Ct. App. 1972).

Opinion

Mr. JUSTICE ENGLISH

delivered the opinion of the court:

OFFENSES CHARGED

Armed robbery. (Ill. Rev. Stat. 1967, ch. 38, par. 18 — 2.) Aggravated battery (2 counts). Ill. Rev. Stat. 1967, ch. 38, pars. 12 — 4 (b — 7) and (b-1).

JUDGMENT

After a bench trial, defendant was found guilty of armed robbery and both counts of aggravated battery, and admitted to five years’ probation, with the first year to be spent at Vandalia State Prison Farm.

CONTENTIONS RAISED ON APPEAL

1. Defendant was not proved guilty beyond a reasonable doubt because the identification of defendant by the prosecutions only eyewitness was vague, doubtful and unworthy of belief.

2. It was error for the trial court to find defendant guilty when he had a consistent and corroborated alibi.

3. The trial court committed reversible error when it allowed the introduction of hearsay testimony by the arresting officer relating to what the complaining witness had said concerning defendant’s identification.

EVIDENCE

Arthur Matthews, for die State:

He has been a Chicago Transit Authority bus driver for ten years. On July 3, 1969, between 5:00 and 5:30 P.M., he was driving his bus south on Pulaski Road when he approached a large rush-hour crowd at Madison Street. A group of people entered the bus and three men stayed up front, standing behind him and to the side as he approached Van Burén Street. Someone said, “Off here,” and as he opened the door, defendant said, “Grab it.” The other two men pushed him back in the seat and defendant grabbed the money changer which was on a tray to the front of him and slightly to his right. Defendant said, “Get the bag,” referring to a small leather bag in which bus drivers carry additional money and other articles. One of the men grabbed the bag, but Matthews held on to one of the handles. Defendant then produced a knife, said “Let’s go,” and cut Matthews across the hand with the knife. The witness released the bag and the three men fled through the open door of the bus and ran west down Van Burén Street. It was a bright day and he described defendant to the police as wearing a light grey jacket, light complected, tall, slender build, 150 to 160 pounds, 5T0" to 6' tall, 19 to 20 years of age, with no beard, moustache, or other identifying marks.

On July 11, 1969, a police officer came to his home with a large number of pictures, most of which were Negroes but may have included some Mexicans or Puerto Ricans. He identified defendant’s picture from the group of photographs. At the time defendant was brought in for a preliminary hearing, Matthews recognized him in the hallway of the court and told the officers that he was the man who had robbed him.

Thomas Lahm, for the State:

He was a detective for the Chicago Police Department. On July 5, 1969, he received a phone call from an anonymous person who had been on the bus at the time of the robbery. The person identified defendant by name as the person who had committed the crime. He obtained defendant’s photograph and on July 11, 1969, took the picture and 10 to 15 others to the bus driver for possible identification. Hershel Gaiter was identified by the driver as one of the men who committed the robbery. Later, the bus driver, Mr. Matthews, also pointed out defendant to him in the hall of the Criminal Courts building.

Yvonne Sturgis, for the defense:

She was defendant’s girl friend. On July 3, 1969, at approximately 10:30 A.M., she met defendant at his mother’s house at 3851 West Monroe Street. At about 11:00 A.M., she was driven by Dillard White to 7805 S. Aberdeen with defendant and defendant’s sister, Glenda Luster. They arrived about noon, and defendant did not leave until 7:00 or 7:30 that evening when they drove back to the west side for a party. She last saw defendant at his mother’s home at 8:30 that evening. Defendant’s home is about a block from Pulaski and one-half block from Madison Street. He was wearing a white tee shirt and dark pants on the 3d of July.

Glenda Luster, for the defense:

She is defendant’s sister. On July 3, 1969, at about 10:00 A.M., she saw her brother at her mother’s house which is located at 3851 West Monroe. At about 11:30 A.M., or 12:00, she left that address with her cousin, Dillard White, her brother, and Yvonne Sturgis and drove to 7805 S. Aberdeen. There was a party planned for the next day, which was her mother’s birthday as well as the 4th of July, and everyone was needed to clean up the house. She did not see defendant leave the premises until about 7:00 or 7:30 P.M. when they drove back to the west side. Defendant was cleaning the basement the entire time and was wearing blue jeans and a sweatshirt.

Versie Gaiter, for the defense:

She is defendant’s mother. Her son lives with her at 3851 West Monroe St. She corroborated the testimony of the other defense witnesses to the extent that they had been at her house until about 11:00 A.M. on July 3, 1969, when they left to prepare for a party, and her son did not return home until about 7:30 P.M.

Hershel Gaiter, on his own behalf:

His testimony matched that of the previous defense witnesses. He denied leaving the house at 7805 S. Aberdeen at any time before about 7:00 P.M. on July 3, 1969. He also denied owning a knife. On a previous occasion he had been mistakenly arrested for a burglary committed by another person who lived nearby.

OPINION

Defendant’s first contention is that he could not have been proved guilty beyond a reasonable doubt because the bus driver’s identification of him was vague, doubtful and unworthy of belief. He argues that we should be guided by the decisions in People v. Kincy, 72 Ill.App.2d 419, 219 N.E.2d 662, and People v. Reed, 103 Ill.App.2d 342, 243 N.E.2d 628. In those cases, however, convictions were reversed primarily because the victim failed to give any facial identifications of the defendants and identified them solely by their clothing. In the present instance, the sole identifying witness gave a far more complete description of the robber than in either Kincy or Reed. Besides giving an accurate overall physical description, he was able to assert positively that defendant was light complected and did not have a beard or moustache nor recognizable scars or marks. In approximately two minutes from the time defendant boarded the bus until he fled, the driver testified that he had observed defendant in the mirrors of the bus as well as face to face at the time defendant slashed his hand. Recognition of defendant’s picture from a group of photos and identification of defendant himself in the hall of the Criminal Courts building lend additional weight to the driver’s prior description. We find the identification sufficiently credible and specific to support defendant’s guilt. See People v. Haywood, 2 Ill.App.2d 109,

Related

People v. Watkins
357 N.E.2d 1376 (Appellate Court of Illinois, 1976)
People v. Scott
314 N.E.2d 671 (Appellate Court of Illinois, 1974)
People v. Thompkins
312 N.E.2d 380 (Appellate Court of Illinois, 1974)

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Bluebook (online)
291 N.E.2d 172, 8 Ill. App. 3d 784, 1972 Ill. App. LEXIS 2123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gaiter-illappct-1972.