Appeal from the Circuit Court of Cook County; the Hon. RICHARD
J. FITZGERALD, Judge, presiding. Affirmed.
MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.
Burglary. Ill Rev Stats (1965), c 38, § 19-1.
After a bench trial, both defendants were found guilty and placed on probation for five years, with Vaughn to serve the first year and Hatchett the first six months in the County Jail. Two other defendants, Rip Johnson and Davis Johnson, were found not guilty, and the State nolled the indictment as to a fifth defendant, Reverend Steven Taylor.
(1) The trial judge made inconsistent findings.
(2) Defendants were denied the right to fully cross-examine their accusers.
Police Officer Stanley Jasper, for the State
On July 15, 1966, he was working with Officers Houlihan and Williams. About 6:00 p.m., when it was still light, he drove by the Temkin Shoe Store at 1437 S. Pulaski Road in Chicago, and saw many people in the street looking into the store. There were approximately 50 or 100 people in the store. He and Officer Houlihan got out of the car to investigate and saw people trying on shoes. He went down the gangway at the side of the store to try to halt those who were leaving by the side door. He couldn't stop everyone. Officer Houlihan stood at the front door on Pulaski Road trying to stop people from going out. Someone had yelled "Police."
He entered the store through the side door carrying a shotgun and noticed that the door was jammed open, with the locks broken off. The front door was closed, but the two large front windows had been knocked out. They arrested thirteen people in the store, put them against the wall with their hands up, and searched them. Four persons that he arrested in the store were in court. To his knowledge, none of those four were brought into the store from outside. Among the people arrested were Vaughn, Hatchett, Davis Johnson, Rip Johnson, and Reverend Steven Taylor. He personally handcuffed Rip Johnson and Davis Johnson. Those arrested were then transported by a squadrol to the police station. There were shoes scattered throughout the store, but they did not stay to gather them up because they were under orders to arrest everyone who was "in the vicinity, in the store." At about 6:30, they departed from the premises, leaving other police officers behind.
Louis Temkin, for the State
He is manager and salesman for Temkin Shoes, Inc. When he left the store on Thursday, July 14, 1966, the doors and gate were locked. The store was not open for business on Friday, July 15, 1966. He returned to the store on Friday to find the side door broken in and the store slightly disordered. The doors were resecured. When he returned on Saturday morning, the store was a shambles. He knew Hatchett lived behind ...