People v. Hinton

Mr. PRESIDING JUSTICE GOLDBERG

delivered the opinion of the court:

Robert F. Hinton (defendant) was arrested for disorderly conduct on November 14,1973. At the police station he was identified in a lineup held that day and was subsequently indicted for rape. The trial court sustained defendant’s motion to suppress the in-court identification by the rape victim who had identified him in the lineup. The basis of the ruling was that the identification was the fruit of an illegal arrest. The State has appealed.

In this court, the State urges that the trial court improperly granted defendant’s motion…