People v. Bricker

Defendant appeals his conviction of armed robbery entered upon a jury verdict. A sentence of 5 to 10 years was imposed, but is not an issue here.

Upon appeal it is argued that there was a failure to prove guilt beyond a reasonable doubt because the identification by the victim of the robbery was uncertain, that the trial court erred in admitting certain rebuttal testimony because the ultimate fact of defendant’s whereabouts was estopped by a prior verdict and because of the improper closing argument of the prosecution.

Initially defendant was tried for two unrelated armed robberies. At such…