People v. Witcher

Defendant, Danny Witcher, was charged with the crimes of armed robbery and burglary. After a bench trial, he was found guilty of both crimes, and was sentenced to 2 to 15 years for each crime, both sentences to run concurrently. On appeal, defendant contends that he was not proved guilty of the crimes beyond a reasonable doubt; that the out-of-court identification was so unduly suggestive as to violate due process; that the burglary information was fatally defective in that it failed to allege the possession or ownership of the premises in question; that proof of ownership of the premises was…