People v. Smith

Benjamin Smith, hereinafter defendant, was charged by indictment with murder (Ill. Rev. Stat. 1973, ch. 38, par. 9—1), and attempted armed robbery. (Ill. Rev. Stat. 1973, ch. 38, par. 8—4.) Defendant was found guilty of both charges in a jury trial and was sentenced on the murder only to not less than 60 nor more than 100 years in the Illinois State Penitentiary.

On appeal defendant makes the following contentions: (1) certain statements made by the defendant should have been suppressed as being the fruit of his unlawful arrest and detention; (2) the testimony of State witness, Michael Warr,…