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People v. Owes

MAY 5, 1972.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

JOHN OWES ET AL., DEFENDANTS-APPELLANTS.



APPEAL from the Circuit Court of Cook County; the Hon. JAMES L. OAKEY, Jr., Judge, presiding.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT:

Rehearing denied June 1, 1972.

OFFENSE CHARGED

Criminal trespass to vehicle. Ill. Rev. Stat. 1969, ch. 38, par. 21-2.

JUDGMENT

After a trial without a jury, defendants were found guilty. John Owes was sentenced to one year and Richard Mitchell to 11 months in jail.

CONTENTIONS RAISED ON APPEAL

1. Defendants were not proved guilty beyond a reasonable doubt.

2. Defendants did not knowingly and understandingly waive their right to a jury trial.

EVIDENCE

Charles Jeter, for the State:

He was the owner of a 1966 Dodge Charger with New Jersey license plates. At approximately 2:00 A.M. on September 8, 1970, he parked his car in the Sears YMCA parking lot and, when he returned at approximately 8:00 A.M. the same morning, the car was gone. He then reported the theft to police.

When he next saw his car, it had been recovered by police. He observed that the trunk locks were missing and the ignition completely taken out, leaving a hole in the dashboard approximately 3/4" in diameter. The door locks were not damaged. He had ...


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