People v. Evans

Defendant Henry Evans was charged with the offenses of robbery and theft. (Ill. Rev. Stat. 1977, ch. 38, pars. 18 — 1, 16 — 1.) Following a bench trial, defendant was acquitted of robbery and theft but found guilty of assault as a lesser included offense of the robbery charge and sentenced to 30 days’ periodic imprisonment. Defendant appeals contending that assault is not a lesser included offense of robbery and that he was not proved guilty beyond a reasonable doubt.

On July 28, 1978, at about 8 p.m., Mary Guzan, a clerk at the Jewel Food Store located at 2303 North Clark Street, Chicago,…