People v. Cheatem

Defendant, Ralph Cheatem, and his codefendant, Gawain Gay, were indicted for the offense of attempt robbery: After a trial by jury they were found guilty. Cheatem was sentenced to five years’ probation with a term of periodic imprisonment for 69 week-ends and he appeals.

On appeal, defendant Cheatem contends that (1) the State failed to prove the element of intent- to commit a robbery beyond a reasonable doubt because the only evidence relating thereto was unbelievable, equivocal and incompetent, and (2) the court improperly admitted evidence of the defendants’ election not to make a statement…