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People v. Robinson

SEPTEMBER 6, 1968.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

LEROY ROBINSON, OTHERWISE CALLED ROBERT PAYNE, OTHERWISE CALLED LEROY ROBINSON, DEFENDANT-APPELLANT.



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

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

CRIME CHARGED

Burglary. (Ill. Rev Stats (1965), c 38, § 19-1.)

JUDGMENT

After a jury trial, defendant was found guilty and sentenced to a term of 6 to 15 years.

CONTENTION ON APPEAL

The admission into evidence of testimony concerning another crime was prejudicial error.

EVIDENCE

Margaret Woods Martin, for the State.

Her house in Winnetka, Illinois was burglarized between 8:45 a.m. and 11:45 a.m. on March 28, 1966. A number of articles (watches, wallet, clothing, etc.), which were found in defendant's possession when he was arrested, were identified by her as things which had been stolen from her home. Included was a jacket with a label bearing her husband's name.

Herbert Timm, for the State.

He was a Winnetka police officer. While on duty, at about 11:00 a.m. on March 28, he saw a "black over white" 1963 Buick convertible. He had an "inscription" in his car relating to that car's license number. He checked the license number against his "worksheet" three times; it was a "wanted car."

He stopped the Buick and informed defendant, who was its sole occupant, that the car he was operating had been stolen. The officer then looked in the rear window of the Buick and saw the car was "piled" with articles of clothing. He then searched the auto and found numerous articles of personal property, many of which were identified by Mrs. Martin as items taken from her ...


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