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People v. Davis

DECEMBER 17, 1969.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

HERMAN DAVIS AND LEE HAYDEN (IMPLEADED), DEFENDANTS-APPELLANTS.



Appeal from the Circuit Court of Cook County; the Hon. LOUIS A. WEXLER, Judge, presiding. Affirmed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

OFFENSE CHARGED

Burglary. Ill Rev Stats 1967, c 38, § 19-1.

JUDGMENT

After a trial by jury, defendants were found guilty of burglary and sentenced to terms of 3 to 5 years (Hayden) and 2 to 3 years (Davis).

CONTENTIONS RAISED ON APPEAL

1. The State failed to prove all the material allegations of the indictment, and the court erred in permitting additional testimony after both sides had rested their cases.

2. Defendants were not proven guilty beyond a reasonable doubt.

EVIDENCE

Bahij Abdallah, for the State:

He is a partner with three of his cousins in a grocery store business, known as Jack's Food Mart, located at 1435 West 69th Street, Chicago. On Saturday, April 6, 1968, he closed the store at 11:00 a.m., locking both front and back doors. He returned at 9:00 a.m. on April 8 and saw that the back door had been broken in and all the merchandise from the stock room and back room had been taken out, with the meat cases thrown on the floor. The following were missing: $1,000 in currency, $300 worth of food stamps, $1,000 worth of meat, $1,700 worth of groceries, drugs and sundries, and $100 worth of butcher equipment. Some of the merchandise, amounting to $250 in value, was recovered by the police.

Frank Cacucci, for the State:

On April 8, 1968, he was a youth officer with the Chicago Police Department, and was patrolling with Officers Luke, O'Connor, and Fialla. They were directed by radio at 12:30 a.m. to investigate a burglary at Jack's Food Store. He observed five persons, including defendant Hayden, "alighting from the rear of the store." They were running and, when they refused to stop, a warning shot was fired. Three of the five were immediately taken into custody, including Hayden. Another man, defendant Davis, was pulled out from underneath a car and arrested also. The witness had not seen Davis in the store. ...


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