People v. McKibben

This was a prosecution for murder and attempt to rob. Defendant waived trial by jury, and, on the day of his trial, he filed a motion to suppress the State’s identification evidence. The motion was heard contemporaneously with presentation of the prosecution’s case. Defendant did not testify, and, with the exception of one exhibit introduced to impeach the State’s principal witness, he did not offer any evidence in his defense. His motion to suppress was denied, and he was found guilty of murder. Thereafter, the trial court overruled post-trial motions, heard evidence in aggravation and…