People v. Fleming

A jury found the defendant, James Fleming, guilty of the crime of armed robbery. The court sentenced him to 8 to 24 years in the penitentiary. On appeal the accused presents the following issues for review: (1) whether he was proven guilty beyond a reasonable doubt; (2) whether the prosecutor committed reversible error during closing argument by commenting on the defendant’s failure to call alibi witnesses or by expressing his personal belief in the defendant’s guilt.

The defendant’s jury trial for the armed robbery of Fab-N-Trim store in Carbondale, Illinois, began on October 9, 1973. The…