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People v. Piesen

OCTOBER 8, 1969.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

FREDERICK PIESEN, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. JACQUES F. HEILINGOETTER, Judge, presiding. Affirmed. MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

OFFENSE CHARGED

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

JUDGMENT

After a bench trial, defendant was found guilty of burglary and sentenced to a term of 2 to 8 years.

POINTS RAISED ON APPEAL

(1) Defendant did not knowingly waive his right to a jury trial.

(2) As a result of intoxication, defendant, at the time of the commission of the offense, did not possess the requisite intent to commit burglary.

EVIDENCE

Manuel Robles, for the State:

On the evening of September 3, 1967, he was asleep in his home when he was awakened by the sound of change (coins). He looked up to see the defendant standing next to his bed with witness' pants in defendant's hands. Defendant immediately ran, but he grabbed him and yelled for help. His brother and sister-in-law, who live in the same building, came to his aid. He smelled alcohol on defendant's breath, but defendant wasn't drunk.

Adeline Robles, for the State:

She was awakened at 11:20 p.m. when she heard her brother-in-law yelling for help. Her husband turned on the light and she saw defendant, who was struggling to get away, being held by her brother-in-law. When the police came, defendant walked into the kitchen where police questioned him.

She was four or five feet from defendant, but did not smell any alcohol on his breath. While they were waiting for the police, defendant pleaded with her brother-in-law to let him go, since he ...


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