People v. Kirby

The defendant was convicted, following a jury trial, of the offense of robbery in violation of Ill Rev Stats, c 38, § 18-1 (1967). Judgment was entered on the verdict and defendant sentenced to a term of not less than five nor more than twelve years in the Illinois State Penitentiary. In this appeal the defendant contends that the trial court erred in denying his motions to suppress physical evidence and identification testimony.

At the hearing on the motion to suppress physical evidence, Kirby and his codefendant testified that they were arrested in the vicinity of 2400 West Madison Street in…