APPEAL from the Circuit Court of Cook County; the Hon. DANIEL
J. RYAN, Judge, presiding.
MR. PRESIDING JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT:
Burglary. Ill. Rev. Stat. 1967, ch. 38, sec. 19-1.
After a bench trial, defendant was found guilty and given a sentence of 5 to 10 years.
CONTENTIONS RAISED ON APPEAL
1. Defendant was not proven guilty beyond a reasonable doubt.
2. The element of control of the subject premises as alleged in the indictment was not proven beyond a reasonable doubt.
Carolyn Wilson, for the State:
She is 21 years old and lives with her husband and mother at 1218 South Troy. On August 5, 1968, at approximately 2:30 A.M., she was awakened to find a man standing in the doorway of her bedroom. She yelled and called to her sister Martha, who was on the couch in the dining room. She heard running through the house and somebody went out the back door, which was locked before she had gone to bed. Looking out the front window, she saw policemen coming up the front stairs. She told them that someone had been in the apartment. She noticed that a living room screen had been removed and was on the front porch. One policeman looked through the apartment and back porch and the other policeman went to the third-floor vacant apartment where he found defendant. She saw defendant being brought down to the second floor.
She had known defendant for over 5 years, and used to be friends with his sister. He had been to her house before. She had given him permission to come over and visit before, but not on this particular night. Defendant had visited late at night on previous occasions, sometimes coming over after 10:00 o'clock. Her husband was at work on the night in question. She did not recall seeing defendant a couple of nights before this incident.
Martha Lesure, for the State:
On the night in question, she was at 1218 South Troy where her mother, sister, and nephew live. She had been sleeping on the couch in the dining room when she heard her sister hollering at 2:00 A.M. A man ran past her and knocked her over a table as she was getting up from the couch. She ran over to a light, but by the time she got the light on, the man had gone out the back door, leaving it open. The door had been locked before she went to bed. The police came in the front and one of them checked the house. When she went to the back porch, the other officer had defendant there. She recognized defendant as someone ...