{ "id": 1587107, "name": "People of the State of Illinois, Plaintiff-Appellee, v. Wilbur Branscomb, Defendant-Appellant", "name_abbreviation": "People v. Branscomb", "decision_date": "1969-11-12", "docket_number": "Gen. No. 53,469", "first_page": "385", "last_page": "399", "citations": [ { "type": "official", "cite": "116 Ill. App. 2d 385" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "149 NE2d 96", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "13 Ill2d 290", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2775877 ], "opinion_index": 0, "case_paths": [ "/ill-2d/13/0290-01" ] }, { "cite": "198 NE2d 839", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "31 Ill2d 58", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2834081 ], "opinion_index": 0, "case_paths": [ "/ill-2d/31/0058-01" ] }, { "cite": "205 NE2d 729", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "32 Ill2d 299", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2840300 ], "opinion_index": 0, "case_paths": [ "/ill-2d/32/0299-01" ] }, { "cite": "390 US 377", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6170914 ], "opinion_index": 0, "case_paths": [ "/us/390/0377-01" ] }, { "cite": "244 NE2d 173", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "41 Ill2d 571", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2852493 ], "pin_cites": [ { "page": "572-573" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/41/0571-01" ] }, { "cite": "238 NE2d 378", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "40 Ill2d 146", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2857198 ], "pin_cites": [ { "page": "151-152" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/40/0146-01" ] }, { "cite": "242 NE2d 208", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "41 Ill2d 177", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2853252 ], "pin_cites": [ { "page": "192-193" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/41/0177-01" ] }, { "cite": "252 NE2d 29", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "113 Ill App2d 231", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 1589954 ], "opinion_index": 0, "case_paths": [ "/ill-app-2d/113/0231-01" ] }, { "cite": "250 NE 2d 102", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "250 NE2d 102", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "42 Ill2d 508", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2848428 ], "weight": 2, "pin_cites": [ { "page": "512" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/42/0508-01" ] }, { "cite": "388 US 293", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6168284 ], "opinion_index": 0, "case_paths": [ "/us/388/0293-01" ] }, { "cite": "388 US 263", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6168184 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/us/388/0263-01" ] }, { "cite": "388 US 218", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6168076 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/us/388/0218-01" ] }, { "cite": "225 NE2d 472", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "81 Ill App2d 90", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 2543232, 2542195 ], "opinion_index": 0, "case_paths": [ "/ill-app-2d/81/0090-01", "/ill-app-2d/81/0090-02" ] }, { "cite": "359 Ill 295", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5276521 ], "opinion_index": 0, "case_paths": [ "/ill/359/0295-01" ] }, { "cite": "1 Ill2d 562", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5315162 ], "opinion_index": 0, "case_paths": [ "/ill-2d/1/0562-01" ] }, { "cite": "237 F2d 503", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 427117 ], "opinion_index": 0, "case_paths": [ "/f2d/237/0503-01" ] }, { "cite": "158 NE 2d 1", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "16 Ill2d 364", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2760556 ], "opinion_index": 0, "case_paths": [ "/ill-2d/16/0364-01" ] }, { "cite": "163 NE 149", "category": "reporters:state_regional", "reporter": "N.E.", "opinion_index": 0 }, { "cite": "331 Ill 380", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5209647 ], "opinion_index": 0, "case_paths": [ "/ill/331/0380-01" ] }, { "cite": "71 NE2d 340", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "396 Ill 158", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2465918 ], "opinion_index": 0, "case_paths": [ "/ill/396/0158-01" ] }, { "cite": "226 NE2d 479", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1967, "opinion_index": 0 }, { "cite": "82 Ill App2d 321", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 2560037 ], "year": 1967, "opinion_index": 0, "case_paths": [ "/ill-app-2d/82/0321-01" ] }, { "cite": "107 NE2d 607", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1967, "opinion_index": 0 }, { "cite": "412 Ill 391", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2664309 ], "year": 1967, "pin_cites": [ { "page": "402" } ], "opinion_index": 0, "case_paths": [ "/ill/412/0391-01" ] }, { "cite": "207 NE2d 453", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "32 Ill2d 497", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2839868 ], "opinion_index": 0, "case_paths": [ "/ill-2d/32/0497-01" ] }, { "cite": "252 NE2d 685", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "114 Ill App2d 458", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 1588939 ], "opinion_index": 0, "case_paths": [ "/ill-app-2d/114/0458-01" ] } ], "analysis": { "cardinality": 914, "char_count": 18538, "ocr_confidence": 0.612, "pagerank": { "raw": 1.481797384051313e-07, "percentile": 0.6612387440348839 }, "sha256": "3871789a9e4be1b711480077c9da8b5c1dc805ca222eaaa4ca23d42288833ce0", "simhash": "1:9f16e1917e000870", "word_count": 3157 }, "last_updated": "2023-07-14T16:10:29.248935+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "People of the State of Illinois, Plaintiff-Appellee, v. Wilbur Branscomb, Defendant-Appellant." ], "opinions": [ { "text": "MR. JUSTICE ENGLISH\ndelivered the opinion of the court.\nOFFENSE CHARGED\nArmed robbery. HI Rev Stats (1967), c 38, \u00a7 18-2. JUDGMENT\nAfter a bench trial, defendant was found guilty and sentenced to 7 to 12 years in the penitentiary.\nPOINTS RAISED ON APPEAL\n1. Defendant was denied right to counsel when represented by a public defender whom he had not met prior to trial.\n2. Defendant was denied his right to trial by jury when a request to revoke his waiver of jury trial was denied.\n3. The trial court erred by receiving into evidence records of defendant\u2019s prior felony convictions without proof of identity.\n4. Defendant was denied the right to compel attendance of newly discovered witnesses in connection with his motion for a new trial.\n5. Defendant was denied adequate representation by counsel.\n6. Defendant was not proven guilty beyond a reasonable doubt.\nEVIDENCE\nJames Gresham, for the State:\nOn January 3, 1968, at approximately 2:30 p. m., he was in the bedroom on the second floor of his home at 1717 East 74th Street in Chicago. Also present in the home were Geraldine Marshall, Tina Jones, and two children. He was called to the front door and saw two men (defendant and Van Leonard) who said they had some whiskey for sale. They showed him a box which they then uncovered, but it was empty. When he looked up, defendant was pointing a gun at him.\nThe two men rushed him downstairs where he and Tina Jones were tied up. Eugene Johnson entered the home right after this. He was also tied up, and Geraldine Marshall was made to sit down and hold her daughter on her lap. Defendant put the gun in a pillow and held it to witness\u2019 head, saying he would kill witness if he didn\u2019t tell him where the money was. Defendant then removed the pillow and struck witness above the right eye with the gun.\nHe was taken upstairs to his bedroom where Leonard took several articles, including a shotgun, a rifle, cameras, a television set, a radio, two rings, and a watch, in addition to $168. Later, defendant again searched the bedroom and took more cameras, a jacket, cuff links, and different articles. (He identified a number of these articles as his belongings which had been taken by defendant and Leonard.)\nDuring the search of the upstairs, Roy Armstrong and Aline Johnson came to the front door and they, too, were tied up by defendant and Leonard. Defendant and Leonard then carried the articles to the car. He noticed a third man who came to the back door and asked what was taking so long. They left after about 45 minutes.\nThe next time he saw his ring was on January 11, with Officer Haley and another officer, at a pawnshop. He saw his jacket at the police station sometime thereafter, and it was being worn by defendant.\nThe police called him and said they might have a suspect. Johnson viewed the suspect first in another room. He did not hear anything Johnson said, nor did Johnson say anything to him. Witness then saw defendant wearing his coat and \u201cknew who he was right away.\u201d He approached defendant and gave him a \u201ccrack,\u201d but the police stopped him.\nTina Jones, for the State:\nShe identified defendant in court as the person who had entered the house on the day in question. The rest of her testimony was essentially the same as Gresham\u2019s.\nEugene Johnson, for the State:\nWhen he entered the house, defendant tied him up and made him lie on a couch. His testimony as to the incident in question corroborated that of Gresham. He next saw defendant at the police station where he was wearing Gresham\u2019s jacket, and he identified defendant as soon as he was brought into the room.\nIretta Rutt, for the State:\nShe was an appraiser for loans for First State Pawners on January 4, 1968, when two men brought a ring in to be appraised. She identified defendant as one of the men. She appraised the ring and gave the men a $300 loan on it.\nJesse Macklin, for the State:\nHe saw the camera in evidence on January 13, 1968, when defendant asked for, and witness made, a loan of $30 on it.\nJohn Lyons, Police Officer, for the State:\nHe arrested defendant on January 15, 1968, at 4:30 p. m. He identified the jacket in evidence as the one defendant was wearing when he was arrested. Defendant had a mustache when arrested, but when he was brought out for the showup, was clean-shaven. Defendant had been alone for part of the time at the station.\nJohn Todd, Police Officer, for the State:\nHe and Lyons arrested defendant, and his testimony was substantially the same as Lyons\u2019.\nRalph Mitchell, Police Detective, for the State:\nOn January 15, 1968, he searched and interrogated defendant at the station. He removed a comb, fingernail clipper, and $115.22 from defendant. He first noticed defendant wearing a mustache, but it was gone when defendant was brought out of the lockup.\nFred Haley, Police Detective, for the State:\nHis testimony corroborated that of Detective Mitchell.\nVan Leonard, for the defense:\nOn January 3, 1968, he and Bob Harris were in a town house at 1717 East 74th Street from which certain items were taken, including a jacket like the one offered in evidence. He gave the jacket to a fellow named Cat-Eye. The other items that were taken were some cameras, a diamond ring, a television set, and shotguns. He and a man named Bob Johnson pawned the diamond ring at a shop downtown. Defendant did not receive any of the proceeds.\nBefore testifying at the trial, he talked briefly to defendant in the \u201cbullpen,\u201d but had never seen him before that day.\nWitness had previously been convicted of burglary, robbery, and attempted murder. At the time of this trial he was serving a 10-year sentence for robbery.\nWilbur Branscomb, on his own behalf:\nHe had never seen James Gresham prior to January 15, 1968, when he was struck by him at the police station, nor had he ever been in the house at 1717 East 74th Street. The jacket he was wearing at the station was purchased from a man named Cat-Eye, whom he had known for 6 or 7 years but whose real name he didn\u2019t know. Cat-Eye brought the jacket to his home and he paid $35 for it. Present in the home were his \u201ccommon-law wife,\u201d Maxine, and two kids, Larry, his son, who is 17, and Catrece, aged 2.\nWhile his real name is William L. Branscomb, he had been known under the name of William Lewis and several other names. (Defendant was indicted under the name Wilbur Branscomb.)\nOPINION\nDefendant\u2019s first contention is that he was denied right to counsel when represented by a public defender whom he had not met prior to trial. At his arraignment, defendant requested the appointment of a \u201cbar association attorney.\u201d No cause being shown for such appointment, the request was denied, and the Public Defender was appointed. Ill Rev Stats (1967), c 34, \u00a7 5604. This is within the authorized discretionary procedure, as codified in Ill Rev Stats (1967), c 38, \u00a7 113-3 (b), where it is stated in part:\nIn all cases, except where the penalty is a fine only, if the court determines that the defendant is indigent and desires counsel, the Public Defender shall be appointed as counsel. ... if the defendant requests counsel other than the Public Defender, the court may appoint as counsel a licensed attorney at law of this State .... [Emphasis supplied.]\nThe chief judge then advised defendant to renew his request of the trial judge. There is no indication in the record that such a request was made, and we, therefore, consider it waived.\nA related argument by defendant concerns his objections at trial to the particular attorney assigned to him by the Public Defender. Defendant had prepared for trial with one Assistant Public Defender (Oramenos), whereas, at trial, he was represented by another Assistant (Darragh). Upon defendant\u2019s objection to this new attorney, the court inquired of Darragh whether he had Oramenos\u2019 notes. He replied that they \u201chad conferred as recently as last evening\u201d concerning the case. Previously, the court had informed defendant that Oramenos was an able lawyer and that the court had observed him on several occasions. The court offered to continue the case to give defendant an opportunity to hire a lawyer. Defendant failed to respond to this offer, but continued to insist that Oramenos was the individual appointed to represent him. At this point, the jury was called in and the court denied defendant\u2019s request, then made, for time to retain his own counsel, indicating that the application came too late after the court had called in the jury.\nWe agree with the court\u2019s disposition of this matter. Defendant\u2019s attempts to exercise his various procedural options (discussed further under a later point) seem to have been used to delay trial rather than for their avowed purposes. There is nothing to indicate that defendant\u2019s counsel failed to provide \u201ceffective assistance.\u201d On the contrary, review of the record indicates that Darragh conducted a well prepared and thorough defense. We find that defendant was not prejudiced in his representation by the Public Defender, and defendant\u2019s argument that he was entitled to select a particular Assistant to represent him, is absurd. We also find that defendant had waived his right to retain private counsel.\nAs to defendant\u2019s second contention \u2014 we recognize that \u201c[ejvery person accused of an offense shall have the right to a trial by jury unless understandingly waived by defendant in open court\u201d (Ill Rev Stats (1967), c 38, \u00a7 103-6), but defendant\u2019s contention that this right was denied him in the instant proceedings is untenable. On the first day of trial, defendant\u2019s attorney noted that trial was to be by jury and voir dire was begun the following day. Thereafter, the following colloquy transpired:\nTHE DEFENDANT: \u201cI would like to waive the jury.\u201d\nTHE COURT: \u201cWe have four of them already selected. I believe it\u2019s a little late for waiving, isn\u2019t it?\u201d\nTHE DEFENDANT: \u201cWell, your Honor, complications I didn\u2019t anticipate came up.\u201d\nTHE COURT: \u201cWe already picked four. We only have eight more to go and you seem to \u2014 you are sort of skeptical about the Public Defender. I think the jury are the best people to try your case.\u201d\nTHE DEFENDANT: \u201cI feel it\u2019s my right \u2014 \u201d\nTHE COURT: \u201cLet the record show that the defendant together with his counsel in open court approached the bench and he desires to waive the jury, although we started to select a jury. Under the law the Court advises him he has a right to do so but you must understand when you waive the jury you have no right to anything by a jury. When you waive it it means just that. The case comes before the Court and the Court tries the issues rather than the jury. Do you understand that?\u201d\nTHE DEFENDANT: \u201cYes, sir.\u201d\nTHE COURT: \u201cYou may sign the waiver and indicate your waiver.\u201d\nMR. BURNHAM (Ass\u2019t State\u2019s Attorney): \u201cDo you understand once you waive the jury you have no further alternative to have a jury, then the Court will hear your case and you can\u2019t later say you want to have a jury again. Do you understand that?\u201d\nTHE COURT: \u201cDo you understand that?\u201d\nTHE DEFENDANT: \u201cI understand what you said, yes.\u201d\nThe court then discharged the jury, but on the following trial day defendant asked to withdraw his waiver. The court denied this request.\nIt is obvious that defendant\u2019s right to trial by jury was \u201cunderstandingly waived.\u201d Ill Rev Stats (1967), c 38, \u00a7 103-6. See People v. Brownlow, 114 Ill App2d 458, 252 NE2d 685, and People v. Richardson, 32 Ill2d 497, 207 NE2d 453. The only issue before this court is whether defendant can properly revoke an express waiver after a partially selected jury has been dismissed at his instance. We believe that the constitutional right to trial by jury does not extend this far, and defendant\u2019s attempt so to employ it was done solely to impede the administration of justice. If the exercise of this serious and valuable constitutional right were to be permitted in the on-again, off-again manner sought by defendant, it could become impossible ever to complete a trial, with or without a jury. We find that defendant\u2019s trial was free from error in this regard.\nDefendant also claims that the court erred by receiving into evidence records of defendant\u2019s prior felony convictions without proof of identity. After defendant testified on his own behalf, the State offered into evidence certified records of one conviction of \u201cWilliam L. Branscomb\u201d for burglary and three convictions of \u201cWilliam Lewis\u201d for robbery. Over the objection of defendant\u2019s attorney, the court admitted the records in evidence \u201cfor the sole purpose of impeachment and no other.\u201d\nRecords of prior convictions are admissible for impeachment purposes. People v. Davis, 412 Ill 391, 402, 107 NE2d 607, and People v. Cuttley, 82 Ill App2d 321, 226 NE2d 479. Also, see Ill Rev Stats (1967), c 38, \u00a7 155-1. Where the defendant has gone by another name, as testified to by defendant in the instant case, evidence of prior convictions under either name is admissible for the limited function of impeachment, and proof thereof need not be made beyond a reasonable doubt. People v. Buford, 396 Ill 158, 71 NE2d 340. Further, defendant did not deny that he was the person referred to in the records, nor did he offer any contradictory evidence. A presumption of identity existed, therefore, and the introduction of the records was proper. People v. Lawson, 331 Ill 380, 163 NE 149.\nAt the hearing on defendant\u2019s motion for a new trial, reference was made to the fact that the man called Cat-Eye, from whom defendant testified he had purchased the stolen jacket, was named Walden Smith and was on arraignment in another court. Nothing further was stated and the court was left to draw the inference that defendant was seeking a new trial on the ground of newly discovered evidence. Defendant contends that the denial of the motion was a deprivation of his right to compel the attendance of witnesses. Defendant\u2019s mention of Cat-Eye\u2019s whereabouts wholly fails to support this contention. As stated in People v. Baker, 16 Ill2d 364, at pages 373-4, 158 NE 2d 1:\nA motion for a new trial on the ground of newly discovered evidence is addressed to the discretion of the trial judge and denial thereof will not be disturbed upon review in the absence of a showing of an abuse of discretion. (United States v. Jakalski, (7th cir) 237 F2d 503.) To warrant a new trial, the new evidence must be of such conclusive character that it will probably change the result on retrial, that it must be material to the issue but not merely cumulative, and that it must have been discovered since the trial and be of such character that it could not have been discovered prior to trial by the exercise of due diligence. (People v. Holtzman, 1 Ill2d 562; People v. Harrison, 359 Ill 295.)\nThe trial court properly denied defendant\u2019s motion for a new trial.\nDefendant contends that he was not afforded adequate representation by counsel with respect to identification testimony and with respect to the motion to suppress physical evidence which was denied by the court after a pretrial hearing. The latter contention is based on the Public Defender\u2019s failure to determine, through questioning, whether there was probable cause for defendant\u2019s arrest, which might have resulted in the suppression of the seized evidence. We do not find this argument, persuasive, under the circumstances. The only evidence seized \u2014 some money \u2014 was of little probative value, certainly not critical to the State\u2019s case, and did not result in any prejudice to defendant. See People v. Washington, 81 Ill App2d 90, 225 NE2d 472.\nIn connection with the identification testimony of the witnesses at trial, defendant makes two arguments: First, his counsel made no motion to suppress the testimony, which failure denied defendant effective representation; and, second, his compelled appearance at the \u201cshowup\u201d without presence of counsel requires reversal in light of United States v. Wade, 388 US 218, Gilbert v. California, 388 US 263, and Stovall v. Denno, 388 US 293.\nThese issues arise in the instant proceedings because two witnesses, Gresham and Johnson, identified defendant, who was not represented by counsel, at a preindictment \u201cshowup\u201d at the police station. The practice of \u201cshowups\u201d has been condemned as being grossly suggestive, as stated in People v. Blumenshine, 42 Ill2d 508, 512, 250 NE2d 102:\nA showing by police of a suspect standing alone, in what is often described as a \u201cshowup\u201d, has been observed to carry with it a dangerous degree of improper suggestion.\nHowever, if an in-court identification of defendant is made on the basis of prior observations independent of those derived from the showup, the conviction must be affirmed. People v. Blumenshine, 42 Ill2d 508, 250 NE 2d 102; People v. Cook, 113 Ill App2d 231, 252 NE2d 29. The witnesses\u2019 prolonged observation (45 minutes) of defendant at Gresham\u2019s home at the time of the crime, constitutes an origin sufficiently independent, and free from any subsequent taint of unfair identification procedure at the police station. It was therefore adequate to serve as the basis for the in-court identifications. See People v. Speck, 41 Ill2d 177, 192-193, 242 NE2d 208; People v. Nelson, 40 Ill2d 146, 151-152, 238 NE2d 378. Furthermore, it was held in People v. Palmer, 41 Ill2d 571, 572-573, 244 NE2d 173, that the lineup decisions of Wade, supra, Gilbert, supra, and Simmons v. United States, 390 US 377, \u201capply only to post-indictment confrontations.\u201d Accordingly, defendant\u2019s argument concerning counsel\u2019s failure to suppress the testimony is without merit, as it does not demonstrate prejudicial incompetence. See People v. Kees, 32 Ill2d 299, 205 NE2d 729, and People v. Palmer, 31 Ill2d 58, 198 NE2d 839.\nDefendant finally claims that the evidence does not establish defendant\u2019s guilt beyond a reasonable doubt. On the contrary, we believe that it does. The consideration of contradictory testimony such as that offered by defendant and Van Leonard was a matter for the trier of fact. People v. Coulson, 13 Ill2d 290, 149 NE2d 96.\nThe judgment of the Circuit Court is affirmed.\nAffirmed.\nDRUCKER, P. J. and LEIGHTON, J., concur.", "type": "majority", "author": "MR. JUSTICE ENGLISH" } ], "attorneys": [ "Carl M. Walsh, of Chicago, for appellant.", "Edward V. Hanrahan, State\u2019s Attorney of Cook County, of Chicago (Kenneth L. Gillis, Special Assistant State\u2019s Attorney, and Elmer C. Kissane, Assistant State\u2019s Attorney, of counsel), for appellee." ], "corrections": "", "head_matter": "People of the State of Illinois, Plaintiff-Appellee, v. Wilbur Branscomb, Defendant-Appellant.\nGen. No. 53,469.\nFirst District, Fourth Division.\nNovember 12, 1969.\nRehearing denied December 10, 1969.\nCarl M. Walsh, of Chicago, for appellant.\nEdward V. Hanrahan, State\u2019s Attorney of Cook County, of Chicago (Kenneth L. Gillis, Special Assistant State\u2019s Attorney, and Elmer C. Kissane, Assistant State\u2019s Attorney, of counsel), for appellee." }, "file_name": "0385-01", "first_page_order": 391, "last_page_order": 405 }