People v. White

MR. PRESIDING JUSTICE DEMPSEY

delivered the opinion of the court.

In a non jury trial the defendants, Eugene White and Morris Smith, were found guilty of armed robbery. White received a sentence of four to ten years; Smith three to ten years. On appeal, they contend that a pretrial identification was highly suggestive and that they did not knowingly and freely waive their right to a trial by jury.

At 1:45 a. m., December 4, 1966, two men held up a gasoline station located at 130 East 75th Street, Chicago. The men drove up in a black 1966 Pontiac Bonneville convertible. The passenger alighted…