The PEOPLE v. Diaz

Mr. PRESIDING JUSTICE LEIGHTON

delivered the opinion of the court:

After a non-jury trial, defendants Edwin Diaz and Joseph Luke were convicted of attempt theft of a cash register. Diaz was sentenced to serve six months. Luke was admitted to probation for one year. Urging four contentions, they appeal to this court.

First, defendants contend that on two occasions the trial judge refused to consider competent and material evidence. It is claimed that in one instance, during the testimony of a prosecution witness, the trial judge refused to consider finger and palm print evidence. We are…