Public-domain · open source
OpenJurist

6 Ill. App. 3d 107

People v. Branch

Appellate Court of Illinois

Decided May 30, 1972

Appellate Court of Illinois · decided 1972-05-30

Cited by 1 later decisions — most recently May 1972

1 state decisions

Relies on 6 Ill. App. 3d 101 - People v. Lewis

Good law ✅— No negative treatment on recordhow we know

Decided 1972-05-30

View the full empirical analysis of this case →

Mr. JUSTICE LYONS

¶1delivered the opinion of the court:

¶2The defendant, Benjamin Branch, was indicted with two other men, Michael Lewis and Robert Lee Brown, for armed robbery. Following a jury trial, the three were found guilty as charged and each was sentenced to the Illinois State Penitentiary. Defendant Branch was sentenced to a term of not less than four nor more than nine years.

¶3Defendant has appealed and assigns a number of errors to the trial below. His co-defendants, Lewis and Brown, also appealed and alleged similar points of error. See People v. Lewis (1972), 6 Ill.App.3d 101.

¶4Because we have already carefully considered the facts and issues of the case in our opinion in People v. Lewis, supra, we shall not do so here. Instead, we merely restate our belief that defendant’s right to a fair and impartial trial were substantially impaired by virtue of the introduction of immaterial, inflammatory and prejudicial evidence concerning possession of hypodermic needles (Narcotics violation).

¶5The judgment is reversed and the cause is remanded for a new trial.

¶6Reversed and remanded.

¶7GOLDBERG, P. J., and BURKE, J., concur.

/6/illapp3d/107 · .json · Public domain