People v. Johnson

259 N.E.2d 621, 123 Ill. App. 2d 69, 1970 Ill. App. LEXIS 1410
Appellate Court of Illinois·Decided March 31, 1970·No. Gen. Nos. 53,643, 53,644. (Consolidated.)·Published·Cited by 11 cases

Opinion

MR. JUSTICE LEIGHTON

delivered the opinion of the court.

Defendants were jointly charged with armed robbery. They were convicted by a jury. After denying post-trial motions, the court sentenced Johnson to serve five to eight years and Newell, three to seven years. Defendants appeal, contending that (1) the trial court abused its discretion when it denied their motion for a new trial and (2), they were not proven guilty beyond a reasonable doubt.

There was testimony that on July 28, 1967 at approximately 12:35 p. m., in the 3000 block of Franklin Boulevard, an east-west street in Chicago, George L. Patten was returning to his place of work from lunch. As he approached a two-story building, he saw three Negro men sitting on its concrete stairs. One man, according to Patten, was the defendant Newell. He had chin whiskers, was about 6' 1" in height with a black bandana on his head, wore a blue denim jacket and dark trousers. Another, was the defendant Johnson, who was about 5' in height and wore a blue sport coat and dark trousers. In his testimony, Patten described Johnson’s eyes which he said “[w]ere sleepy looking, kinda droopy.” The third man “[w] as more stocky . . . .” about 5' 9" in height and wore a black shirt with polka dots.

July 28th was a clear day. When Patten reached where the men were, they stopped him. The one he later identified as Newell took a knife, put it on Patten’s stomach and told him that if he made a sound his guts would be on the sidewalk. Another, the one identified as Johnson, went through Patten’s pockets and took his wallet which had in it about $8, some identification cards and some pictures. The third man (who was not apprehended) held Patten’s upper right arm while the man he said was Johnson went through his pockets. The three men were in Patten’s presence about ten seconds. After his wallet was taken, they told Patten to keep walking and keep quiet. Patten left, walked about 30 feet, broke into a run, went east and then south on Sacramento Avenue. After he reached his place of employment, Patten called the police, reported the robbery and gave a description of two of the three men.

About 12:30 p. m. the same day, Terrence McCue, a career counselor for the Chicago Committee on Urban Opportunities, was standing on the south parkway of Franklin Boulevard between Whipple and Albany, the 3000 block. He saw three Negro men walking briskly, going west. He observed them for about 45 seconds to a minute. One of the men, according to McCue, was defendant Newell and was about 6' 2". He had a black bandana on his head, wore a blue jean jacket and dark pants. He had a goatee. Another, described by McCue as the defendant Johnson, was about 5' 9" in height and wore a blue sport coat and dark pants. The third, McCue said, was about 5' 10" and wore a black shirt with yellow polka dots. McCue testified that the build of the first two men was slim; the third was “[sjtocky, well-built. . . .” At the time McCue saw the three Negro men, he saw a white man walking east on Franklin, break into a run and turn south on Sacramento. McCue testified that the white man was the complaining witness, George L. Patten.

Several squads of Chicago policemen responded to Patten’s call. Two of them went by where McCue was standing. He flagged one of them, talked with a police officer and entered the car. The party with whom Patten talked when he made the call told him to go out in the street and wait. Instead of doing this, he walked to Sacramento and Franklin and obtained a ride from a civilian who drove him to the squad car in which McCue was riding. He entered it and the car proceeded south on Kedzie. At the intersection of West Walnut Street, Patten saw the three men buying shaved ice from the peddler of an ice cream cart. Patten noticed the man who was wearing the black shirt with polka dots. McCue also saw the three men. According to him, they were dressed “[T]he same way that they had been dressed when I had seen them the first time. ...” A moment after Patten pointed his finger at them, the three men ran through a gangway.

Of the squad cars that responded to Patten’s call, one had in it Officer McGaha and his partner, Officer Desmond Walsh. This car drove north on Kedzie, west in an alley where McGaha saw three Negro men running east. In his testimony McGaha described one of the men as about “5' 11" or 6 feet” in height with a black bandana on his head and wore a blue denim jacket, dark trousers and had a goatee. This man, McGaha said, was the defendant Newell, a man he saw the day before for about 10 minutes and spoke with him. Another, he said, was about 5' 7" in height, wore a blue sport coat, dark trousers and blue shirt. The third, was “ [s] horter than Mr. Newell and a little taller than Mr. Johnson . . . ,” and wore a black polka dot shirt. Walsh chased the stocky man but lost him. McGaha chased the man with the light blue sport coat, dark trousers and caught him. He was the defendant Johnson.

Sergeant Chester Zaprzalka was patrolling the district when Patten’s call was transmitted to him. He drove to Kedzie and West Walnut Street. He testified that a quarter of a city block away, looking west on Walnut, he saw a Negro man walking east on the south side of the street and removing a black bandana from his head. The man was about 6' tall and wore a blue jacket and dark trousers. He had a goatee. Zaprzalka arrested him. It was the defendant Newell. Just then, another squad car drove up. In it were McCue and Patten. Patten ran to where Newell was being held by Zaprzalka and said, “That is the man just held me up.” Newell and Johnson were taken to the police station. Later in the day, Patten’s wallet was found on Franklin Boulevard between Kedzie and Sacramento by a man who worked under McCue’s supervision. There was no money in the wallet.

Defendants did not testify. There was testimony that on July 28, 1967 Johnson left home “[a]bout 12:45 . . . .” Before he left home, he had asked his stepsister to repair one of his jackets, a blue one. Newell left his home “[I]t was about—it had to be about 12:30 . . . .” He had on blue pants and a blue jacket. He was not wearing a goatee. His stepsister, Syntharene Johnson, swore that she had never seen Newell with a goatee. He returned home at “[a]bout 12:45 . . . .” His stepmother, Dorothy Williams, had a dental appointment at 1:00. Newell, she said, left home “[a]round 12:00 or 12:30.” He never had a goatee. He had not returned when she left for her dental appointment. Howard Reeves, an in-take clerk in the Cook County Jail, was called by defendants to introduce into evidence a photograph of Newell taken in jail after his arrest. After hearing the witnesses and considering the evidence, the jury found both defendants guilty of the armed robbery of George L. Patten on July 28,1967.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Johnson, 259 N.E.2d 621, 123 Ill. App. 2d 69, 1970 Ill. App. LEXIS 1410 (Ill. Ct. App. 1970).

259 N.E.2d 621 (People v. Johnson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Gray
520 N.E.2d 93 (Appellate Court of Illinois, 1988)
People v. Garza
415 N.E.2d 1328 (Appellate Court of Illinois, 1981)
People v. Seel
386 N.E.2d 370 (Appellate Court of Illinois, 1979)
People v. Bounds
343 N.E.2d 622 (Appellate Court of Illinois, 1976)
People v. De Savieu
303 N.E.2d 782 (Appellate Court of Illinois, 1973)
People v. Ohley
303 N.E.2d 761 (Appellate Court of Illinois, 1973)
People v. Polk
294 N.E.2d 113 (Appellate Court of Illinois, 1973)
People v. Brown
285 N.E.2d 515 (Appellate Court of Illinois, 1972)
The PEOPLE v. Newell
268 N.E.2d 17 (Illinois Supreme Court, 1971)
People v. Hines
267 N.E.2d 696 (Appellate Court of Illinois, 1971)