PEOPLE v. SMITH

No. 1-97-3754.

702 N.E.2d 218 (1998)

299 Ill. App.3d 1056

234 Ill.Dec. 52

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Benjamin SMITH, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

October 8, 1998.


Attorney(s) appearing for the Case

Rita A. Fry, Public Defender of Cook County (Pamela Pfrang, Asst. Public Defender, of counsel), for Defendant-Appellant.

Richard A. Devine, State's Attorney, County of Cook (Renee Goldfarb, James Fitzgerald, Daniel Furhman, Asst. State's Attorneys, of counsel), for Plaintiff-Appellee.


Justice WOLFSON delivered the opinion of the court:

After the State's only eyewitness to the home invasion was questioned by the lawyers, the judge in this bench trial asked him questions about his ability to see without his glasses. Then the judge conducted a brief courtroom experiment. Minutes later, the judge found the defendant guilty.

The issue on appeal is whether, under the circumstances, the judge committed reversible error. We find he did not and...

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