People v. Phoenix

(Before Goldberg, Egan and Simon, JJ.):

The defendant, Michael Phoenix, was indicted along with William Jones for the June 14, 1973, armed robbery of Dennis Smith and Edward Siudzinski (Ill. Rev. Stat. 1973, ch. 38, par. 18 — 2). Following a bench trial at which Jones was acquitted, the defendant was convicted of robbery and sentenced to not less than 3 nor more than 9 years in the Illinois State Penitentiary. (Ill. Rev. Stat. 1973, ch. 38, par. 18 — 1.) On appeal, defendant contends he was not proven guilty beyond a reasonable doubt because the victims’ identification of him was faulty and…