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PEOPLE v. McKIBBEN

No. 57810.

24 Ill. App.3d 692 (1974)

321 N.E.2d 362

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MELVIN McKIBBEN, Defendant-Appellant.

Appellate Court of Illinois — First District (2nd Division).

December 3, 1974.

Attorney(s) appearing for the Case

Jack P. Rimland, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Kenneth L. Gillis and Barry Rand Elden, Assistant State's Attorneys, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE LEIGHTON delivered the opinion of the court:

This was a prosecution for murder and attempt to rob. Defendant waived trial by jury, and, on the day of his trial, he filed a motion to suppress the State's identification evidence. The motion was heard contemporaneously with presentation of the prosecution's case. Defendant did not testify, and, with the exception of one exhibit introduced to impeach the State's principal witness...

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