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PEOPLE v. TOLIVER

No. 54635.

133 Ill. App.2d 266 (1971)

273 N.E.2d 274

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MICHAEL TOLIVER (Impleaded), Defendant-Appellant.

Appellate Court of Illinois — First District.

June 2, 1971.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender, of Chicago, (Michael Weininger and James J. Doherty, Assistant Public Defenders, of counsel,) for appellant.

Edward V. Hanrahan, State's Attorney, of Chicago, (Robert A. Novelle and Brent F. Carlson, Assistant State's Attorneys, of counsel,) for the People.

Judgment affirmed.

Mr. JUSTICE BURMAN delivered the opinion of the court:

The defendant, Michael Toliver, was found guilty of murder and attempt robbery after a trial by jury. He was sentenced to serve 20 to 30 years on the murder conviction and 5 to 8 years on the attempt robbery conviction, the sentences to run concurrently.

On appeal, the defendant contends (1) that the in-court identification by Richard Boyd should have been suppressed because...

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