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People v. Mcmillian

FEBRUARY 14, 1968.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

LEIGHTON MCMILLIAN, ET AL., DEFENDANTS-APPELLANTS.



Appeal from the Circuit Court of Cook County, Criminal Division; the Hon. JAMES J. MEJDA, Judge, presiding. Affirmed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

CRIME CHARGED

Burglary.

JUDGMENT

After a bench trial, the court found both defendants guilty and sentenced them to terms of three to eight years.

CONTENTION ON APPEAL

The evidence was insufficient to establish defendants' guilt.

EVIDENCE

For the State

Chris Fosco

He owned a tavern at 2227 W. Taylor Street, Chicago. He locked the doors of the tavern when he closed up at 2:00 a.m. on December 14, 1965. On call from the police, he returned to the tavern at 4:00 a.m. and found the door lock broken, the door having been pried open with a knife or screwdriver. A cigarette machine and bowling machine had also been broken open and money removed. (There was no testimony as to how much money had been in these machines.) About $23 in silver coins — his "bank" for the following day — had been taken from the cash drawer.

Mrs. Molly Messino

On the way to her job at 2253 W. Taylor Street, she and her daughter noticed two colored men standing in front of Chris' Tavern as they drove by at about 2:45 a.m. They therefore drove around the block and when they came back, Mrs. Messino saw that the two men were no longer there and the ...


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