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PEOPLE v. PAYTON

Gen. No. 53,215.

124 Ill. App.2d 78 (1970)

260 N.E.2d 379

People of the State of Illinois, Plaintiff-Appellee, v. Richard Payton (Impleaded), Defendant-Appellant.

Appellate Court of Illinois — First District, Fourth Division.

April 22, 1970.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender of Cook County, of Chicago (Shelvin Singer and James J. Doherty, Assistant Public Defenders, of counsel), for appellant.

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

MR. JUSTICE DRUCKER delivered the opinion of the court.

Defendant was convicted after a bench trial of the offense of armed robbery. He was sentenced to a term of five to ten years. Defendant raises three points on appeal: (1) the method used for identification was so highly suggestive and conducive to mistaken identity as to require reversal; (2) it was error to introduce into evidence a gun which was never connected...

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