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People v. Mckibbins

AUGUST 19, 1970.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

MELVIN D. MCKIBBINS, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. JAMES D. CROSSON, Judge, presiding. Affirmed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

OFFENSE CHARGED

Theft. Ill Rev Stats 1965, c 38, § 16-1(a).

JUDGMENT

After a bench trial, defendant was found guilty and sentenced to a term of 2 to 6 years.

CONTENTION RAISED ON APPEAL

Defendant was not proven guilty beyond a reasonable doubt.

EVIDENCE

Ann Vozikis, for the State:

She is a saleslady in the leather goods department of the downtown Marshall Field & Company store. On February 10, 1967, at closing time (6:00 p.m.), she took approximately $240 in currency out of a cash register and placed it into a green bag. The denominations of bills included twenties, tens, fives and singles, in addition to change and several checks totaling at least $100. She estimated the total of money and checks at about $350, based upon an actual count which she had taken at 3:00 p.m., when there was $200 in the register, and additional sales made before closing. She then placed the bag next to the register, bent down to change her shoes, and, upon straightening up, noticed that the bag was gone. She identified the bag offered into evidence as being exactly like the one in which she had placed the money belonging to Marshall Field & Company.

Charles Brown, for the State:

On February 10, 1967, he was working as a store detective for Marshall Field & Company. At approximately 6:00 p.m., as he was standing on the balcony overlooking the main floor on the Wabash Avenue side of the store, he noticed a person reach behind the counter in the leather goods section, take a green bag, proceed down the main aisle, and leave the store. He identified defendant as that person. He had seen him in the store "a couple of times" before.

The witness and a fellow detective followed defendant and a companion one block north to the corner of Wabash and Lake, where he saw them enter a restroom in a small building on a parking lot. The witness tried the restroom door and found it locked. Since there was no other exit, they sat and waited for approximately twenty minutes, when defendant and his companion emerged. Defendant had a brown bag which he placed on a chair outside the restroom.

The witness arrested defendant, looked into the bag, and found some sweaters and a green bag. He opened the green bag and found it to contain $16.71 in change and over $100 in personal checks payable to Marshall Field & Company. A search of defendant's person produced four $20 bills, one $10 bill, one $5 bill, and twenty-four $1 bills loose in his pocket. Defendant's wallet contained one $5 bill ...


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