(DOWNLOAD) "People v. Rogers" by Supreme Court of Illinois " eBook PDF Kindle ePub Free
eBook details
- Title: People v. Rogers
- Author : Supreme Court of Illinois
- Release Date : January 29, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
The sole issue raised by this appeal concerns the admissibility in evidence of a police composite sketch. The Williamson County circuit court permitted a photocopy of an Identi-kit composite of the offender to be admitted as corroboration of the identification testimony given by the prosecuting witness. The defendant was subsequently convicted of armed robbery. The appellate court reversed, finding that the admission of the sketch served to deprive the defendant of a fair trial. (75 Ill. App.3d 866.) We granted the State leave to appeal under our Rule 315. 73 Ill.2d R. 315. A service station in Marion was robbed on November 15, 1976, at approximately 8:45 p.m. The station's assistant manager, Hubert Edward Moake, was on duty that evening. According to Moake, the offender carried a handgun and took $119 in cash from the service station. Moake assisted the police in making a composite sketch later that evening. Approximately 1 1/2 weeks after the commission of the offense, Moake tentatively identified the defendant, Keith Rogers, from a group of photographs, stating that he would have to see the individual in person to be certain. As a result, a lineup was conducted and Moake positively identified the defendant as being the man who robbed him. Thereafter, the defendant was charged by information with armed robbery in violation of section 18-2 of the Criminal Code of 1961 (Ill. Rev. Stat. 1975, ch. 38, par. 18-2). The defendant filed a pretrial motion, seeking the suppression of testimony relating to the lineup and the suppression of an in-court identification of the defendant. The court granted the motion to suppress the lineup identification, finding that defendant's sixth amendment right to counsel had been violated. A hearing was then conducted in order to ascertain the prosecuting witness' ability to make an identification of the offender independent of the lineup. At the conclusion of the hearing, the court found there to be sufficient evidence, independent of the illegally conducted lineup, from which the witness could identify the offender. The court, therefore, denied the defendant's motion to suppress an in-court identification, and the defendant was subsequently convicted.