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PEOPLE v. WHITE

Gen. No. 52,542.

116 Ill. App.2d 180 (1969)

253 N.E.2d 654

People of the State of Illinois, Plaintiff-Appellee, v. Eugene White and Morris R. Smith, Defendants-Appellants.

Appellate Court of Illinois — First District, Third Division.

October 30, 1969.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender of Cook County, of Chicago (James J. Doherty, Assistant Public Defender, of counsel), for appellants.

Edward V. Hanrahan, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and Michael D. Stevenson, Assistant State's Attorneys, of counsel), for appellee.

MR. PRESIDING JUSTICE DEMPSEY delivered the opinion of the court.

In a nonjury trial the defendants, Eugene White and Morris Smith, were found guilty of armed robbery. White received a sentence of four to ten years; Smith three to ten years. On appeal, they contend that a pretrial identification was highly suggestive and that they did not knowingly and freely waive their right to a trial by jury.

At 1:45 a.m., December 4, 1966, two men held up a gasoline station...

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