The People v. Touhy

deliverd the opinion of the court:

Defendant, Roger Scott Touhy, who was tried by a jury in the criminal court of Cook County, was found guilty of armed robbery and sentenced to the penitentiary for a term of not less than one nor more than ten years. He prosecutes this direct review contending that the suppression of evidence by the prosecution deprived him of due process of law, and that there was a fatal variance between the allegations of the indictment and the proof.

Essential facts show that a grocery store in the city of Chicago was held up on the night of January 26, 1962, by two men,…