The PEOPLE v. Berry

After trial by jury in the circuit court of Madison County, Marvin Dale Berry was found guilty of robbery while armed with a dangerous weapon. The court sentenced him to imprisonment for not less than 10 nor more than 20 years. He contends on this writ of error that he was deprived of a fair trial by improper remarks and conduct of the prosecutor, and by sickness on the part of certain jurors. It is also asserted that the evidence of identification is insufficient.

The record shows that on January 31, 1958, at about 6:15 A.M. three armed men wearing rubber head masks held up a tavern in…