People v. Upshaw

MR. PRESIDING JUSTICE BURKE

delivered the opinion of the court:

Defendant was found guilty of armed robbery at a jury trial and sentenced to five to ten years in the penitentiary. He appeals.

On December 6, 1963, James Glasper was the night attendant at a Clark Gasoline Service Station located on the south side of Chicago. About 2:30 a. m., Glasper was about to place cash receipts in the station safe when a customer, David Tolar, drove into the station and requested gasoline. The station premises were well lighted. While Glasper was servicing Tolar’s automobile, a man walked onto the station…