APPEAL from the Circuit Court of Kankakee County; the Hon.
VICTOR N. CARDOSI, Judge, presiding.
MR. JUSTICE ALLOY DELIVERED THE OPINION OF THE COURT:
Rehearing denied December 7, 1970.
Defendant had pleaded guilty to burglary and was put on probation in 1966. In 1968, defendant William Armour was again indicted for another burglary and following a trial by a jury he was found guilty. As a result, the probation of defendant for the earlier burglary was revoked and he was sentenced on the new conviction to from four to ten years in the penitentiary. Defendant now appeals his conviction under the 1968 case and also the revocation of his probation.
The indictment in the 1968 case was as follows:
"That on January 13, 1968, in Kankakee County, William Armour, Defendant committed the offense of Burglary in that said defendant did, then and there knowingly without authority, enter into the drug store building known as `Walgreens Drug Store', the property of Lawrence Richard Plunkett, situated at 236 East Court Street, in the City of Kankakee, in said County and State, with intent to commit therein a theft in violation of Paragraph 19-1, Chapter 38, Illinois Revised Statutes."
Lawrence R. Plunkett, testifying for the State, stated that he was the manager of Walgreen's Drug Store at 236 Court Street in the City of Kankakee, Illinois. He was then asked, "And as manager what right do you exercise over the operation?" Plunkett replied, "I am in complete charge of the store at all times".
During the trial, it was also made known by the State to defendant and counsel for defendant, that the State intended to offer testimony relative to defendant's escape from jail after he was charged with the January, 1968, burglary. Defendant objected to the testimony of two witnesses, who were to testify as to his escape (Sheriff Elmer Nelson and Thomas Lambros) because they were not listed on the State's list of witnesses furnished to the defendant prior to trial. The trial court ruled that even if these two names were not on the list, they could still testify and that the decision as to whether they could testify was within the discretion of the court. The trial judge, however, gave defendant's attorney an opportunity to talk with the two unlisted witnesses prior to their testimony in open court. This offer was refused. The two witnesses testified that defendant sawed the bars and broke out of jail and was apprehended four days later.
In the course of the trial, William Crowell testified for defendant. The trial judge asked the following questions which the witness answered:
"Q. When you use the word, "high" do you mean a fellow is feeling pretty good?
Q. Not staggering just feeling a little good?
Q. I was just wondering what you call high.
A. I know what I am but I don't consider myself the same ...