(Download) "People v. Hopkins" by Supreme Court of Illinois # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Hopkins
- Author : Supreme Court of Illinois
- Release Date : January 22, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
A jury in the circuit court of Cook County found the defendant, Henry Hopkins, guilty of the offense of attempted rape, and
he was sentenced to imprisonment for not less than 13 nor more than 14 years. Prior to trial he had moved to suppress the
identification testimony of the complaining witness and also to suppress certain physical evidence. The trial judge denied
both motions without a hearing on either. At the trial both the identification testimony and the physical evidence were admitted
over the objection of the defendant. On this appeal the first issue raised concerns the correctness of those rulings. The defendant had previously been convicted of unrelated charges of robbery and attempted rape. In connection with the trial
of those charges a different trial judge had conducted hearings on motions to suppress evidence and identification testimony.
The physical evidence sought to be suppressed was the same in both cases — a pocket knife that was obtained as the result
of a search of the defendant upon his arrest. The legality of that arrest and the accompanying search had been contested in
the earlier proceeding, and had been determined adversely to the defendant. It also appears that a single lineup had been
conducted, at which the complaining witnesses in both cases identified the defendant. A motion to suppress the identification
testimony in the earlier case had been denied. In the present case, at the suggestion of the assistant State's Attorney, the
trial judge denied both motions, solely upon the ground that the defendant had already had hearings on the motions.