The PEOPLE v. Capon

The defendant, Fred Capon, was indicted for armed robbery and robbery. He entered a plea of not guilty, was tried before a jury which found him guilty, and was sentenced to the penitentiary for a term of not less than one year nor more than life. By writ of error, he seeks to reverse the judgment of conviction.

He contends that he was not proved guilty beyond a reasonable doubt because he was not sufficiently identified. He further argues that the court abused its discretion in fixing the upper limit of the sentence at the statutory maximum for the reason that he chose to go to trial rather…