People v. Johnson

336 N.E.2d 284, 32 Ill. App. 3d 685, 1975 Ill. App. LEXIS 3035
Appellate Court of Illinois·Decided October 10, 1975·No. 12899·Published·Cited by 3 cases

Opinion

Mr. PRESIDING JUSTICE SIMKINS

delivered the opinion of the court:

Defendant, Arthur Lee Johnson, appeals from his conviction of armed robbery and from a sentence imposed of 6 to 18 years’ imprisonment. The sole issue raised here is whether the trial court erred in giving an accountability instruction.

Daniel Frye, a Champaign, Illinois, police officer, testified that shortly after 1 p.m. on December 14, 1972, he investigated an armed robbery at the Medical Arts Center in Champaign. He stated he received a radio broadcast giving the description of two individuals who were possibly involved in the robbery. About three blocks north of the scene of the robbery he observed a black male who matched one of the broadcast descriptions. He stated the individual tried to run from him, but he finally apprehended him. He identified the individual as the defendant. He testified a brown paper sack containing $126.90 was removed from the person of the defendant. He also stated that when arrested defendant had extremely long fingernails. On cross-examination Frye testified that at the time of his arrest defendant was wearing a brown leather coat, but he didn’t remember whether or not defendant had any facial hair at that time.

Roger Lefier, an employee of the Medical Arts Center Pharmacy, testified that at approximately 1 p.m. on December 14, 1972, he observed two individuals enter the pharmacy. He described the said individuals as follows:

“Well, they were both black males, approximately — both were approximately seventeen to twenty-three years of age. One was — the taller of the two was somewhere in the neighborhood of five-ten to six feet in height. The other was, uh, five-eight to five-ten in height. Both of them were fairly well built. They weren’t obese. They were relatively slender. They both had dark coats on, and hats. The hats weren’t dark but they were different. Both the coats were similar, about knee length.
* # #
Well, the only hands that I saw were the hands of the shorter of the two. And I don’t — well, the tiring that was striking about them was that the fingernails on each, on every finger were quite long. They were about half-an-inch to three-quarters of an inch long.
* « #
They looked quite similar really, with the exception of height
o » #«

He stated one of the individuals asked him where the restroom was located, and he directed him to the second floor. He stated they then left in the general direction of the restroom. He testified they returned 5 to 10 minutes later and the shorter one asked if he had Pearl Drops toothpaste. He stated that after complaining about the price the shorter one asked to buy the toothpaste and handed him some money. As he started to give the shorter one change, he observed the taller individual pull a gun out of his pocket, shove it between his eyes, and state, “Put the money in the bag.” He stated he reached under the counter, pulled out a brown bag, put the register money in the bag, and handed it to the shorter one. He estimated approximately $150 was taken. He further stated, although he was not certain, the defendant very closely resembled the taller of the two individuals. He stated defendant has the same skin tone, the same nice complexion and the same facial features as one of the individuals. He stated the taller individual was wearing a dark brown knee-length coat and hat similar to that seized from the defendant at the time of his arrest. He further stated the box of Pearl Drops toothpaste, the pharmacy bag, and the cash register receipt seized from defendant at the time of his arrest were the same items he handed to one of the robbers. He also stated the brown bag seized from defendant looked like the same bag into which he put the money. On cross-examination he stated:

“A. I just — mentioned that [referring to his identification of defendant as resembling the taller of the two] only on the basis of height because height is about the only way I could tell a difference between the two. Facially they were about the same. He looked, well, it’s difficult to tell his height from here when he stood up because I was on the wrong level. But it could easily have been either one.
Q. Mr. Johnson could have been either one of the two men?
A. Facially, yes. As far as height goes, it depends on his height.”

He further stated that when he saw defendant at the police station he had. a small goatee on his chin.

Wayne Kobel, a Champaign police officer, testified he assisted in the arrest of defendant and he observed a brown paper bag fall from defendant’s coat. He stated the brown bag contained $126.90, a sales receipt for a purchase from the Medical Arts Pharmacy and a box of Pearl Drops toothpaste. He stated defendant denied involvement in the robbery and told him three black males gave him the brown bag in the vicinity of the Medical Arts Center. He stated that at the time of his arrest defendant had a sparse growth of hair on his chin.

William J. Vanatta, a fingerprint examiner for the Federal Bureau of Investigation, testified a fingerprint found on the box of Pearl Drops toothpaste corresponded to the right thumb fingerprint of defendant. He further stated there were no other fingerprints on the entire box.

Kenneth Frankenberry, a polygraph operator, testified he administered a polygraph test to defendant and that the stipulated results of the test indicated deception in defendant’s answering of the following questions:

"A. ‘On 12-14-72 about 1:00 P.M. did you enter the Medical Arts clinical pharmacy in Champaign?’ His answer was, ‘No.’ The next question was, Did you steal money from the Medical Arts pharmacy at that point?’ His answer was, ‘No.’ Did you help or plan to rob the Medical Arts pharmacy?’ His answer was, ‘No.’ “Besides Kenny Shackelford do you know the full names of the people who robbed the pharmacy?’ His answer was, ‘No.’ Did you find a brown paper bag containing the stolen money lying on the street?’ His answer was, ‘Yes.’”

Defendant testified in his own behalf that on the evening in question at approximately 1 p.m. he went to the Doctors’ building alone to use the restroom. He asked a man where the restroom was, used it, and then went to the front of the building to wait for some boys he had previously met, including Kenny Shackelford. They told him to wait at a nearby building, he waited for 15 minutes, and he left to get a beer when they didn’t come. He then described what happened as follows:

“I came across Springfield Street, I was headed north on Third. Well I saw one of the boys that was with Shackelford come across the street, just about maybe a block, block and a half, he ran across the street and a car almost hit him. He kept on running. Well when I got up in front of the Medical Arts building, well, on the other side of the street well I saw the bag down there with some money, you know, coins. And I looked at it, you know. I went to pick it up.

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People v. Johnson, 336 N.E.2d 284, 32 Ill. App. 3d 685, 1975 Ill. App. LEXIS 3035 (Ill. Ct. App. 1975).

336 N.E.2d 284 (People v. Johnson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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