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PEOPLE v. SMITH

No. 76-81.

52 Ill. App.3d 583 (1977)

367 N.E.2d 756

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

Appellate Court of Illinois — Second District.

Opinion filed September 16, 1977.

Attorney(s) appearing for the Case

Ralph Ruebner and Andrew Berman, both of State Appellate Defender's Office, of Elgin, for appellant.

Gerry L. Dondanville, State's Attorney, of Geneva (Phyllis J. Perko and Martin P. Moltz, both of Illinois State's Attorneys Association, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE GUILD delivered the opinion of the court:

Defendant, Melvin Lee Smith, was found guilty of armed robbery in a jury trial and sentenced to 4 years to 4 years and 1 day in the State penitentiary.

The issues presented in this appeal are whether the defendant was found guilty beyond a reasonable doubt where there was a discrepancy in the description given by the single eye-witness; and whether various statements made during...

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