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People v. Helm

MARCH 9, 1973.

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

v.

ROBERT HELM, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. MINOR K. WILSON, Judge, presiding.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT:

OFFENSES CHARGED

Theft. Ill. Rev. Stat. 1969, ch. 38, par. 16-1(a)(1). Criminal Trespass to Vehicle. Ill. Rev. Stat. 1969, ch. 38, par. 21-2.

JUDGMENT

At a bench trial, defendant was found guilty of theft and sentenced to a term of one to ten years.

CONTENTIONS RAISED ON APPEAL

1. Defendant was not proved guilty beyond a reasonable doubt.

2. Defendant's statements were admitted into evidence in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602.

EVIDENCE

Donald Moss, for the State:

He was the owner of a 1970 Ford Fairlane 500 valued at approximately $2900. At about 6:45 A.M. on March 18, 1970, he went outside to start his car and then returned to his house. Ten minutes later, when he returned to his car, it was missing. On March 21, 1970, he went to the police station at 11th and State Streets and identified his car as the one which the police had recovered from defendant. He had not given defendant permission to drive the car.

Philip Dienethal, for the State:

He was a police officer assigned to the 1st District Technical Unit. During the early morning hours of March 20, 1970, he had a conversation with an informer at the corner of 11th and Michigan in Chicago. The informer told him about a stolen vehicle which was about to be used in a robbery. He saw the car parked nearby on Michigan Avenue and put it under surveillance. He saw three people enter the vehicle at about 2:00 A.M. and drive north on Michigan Avenue, make an illegal U-turn, and then proceed south. He stopped the car after following it a short distance, and asked the driver to produce identification. Defendant produced a valid driver's license, but when asked about the ownership of the car, he stated that it belonged to a friend. He didn't know the friend's name and when asked where the friend lived, he said he didn't know that either. He said he usually saw the friend standing on the corner of Division Street and he would give the car back when he saw him. The officer then asked defendant and his two companions to accompany him to the 1st District Station to straighten out the question of ownership. They agreed to go along to get the question cleared up. At the station, ...


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