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People v. Boone

OPINION FILED DECEMBER 15, 1977.

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

v.

ANGLIA BOONE, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Peoria County; the Hon. RICHARD E. EAGLETON, Judge, presiding.

MR. JUSTICE ALLOY DELIVERED THE OPINION OF THE COURT:

This is an appeal by defendant Anglia Boone from a conviction of theft in the Circuit Court of Peoria County following a jury trial. Defendant was sentenced to a term of 1 to 1 1/2 years imprisonment to be served consecutively to a sentence previously imposed upon defendant. On appeal, defendant contends (1) that the State failed to properly prove the corporate existence of the business victimized by the theft involved as alleged in the indictment, (2) that defendant was denied a fair trial as a result of a witness testifying that he recognized defendant from "prior engagements," (3) that defendant was denied a fair trial as a result of a State's witness testimony, on cross-examination, that a prospective defense witness had been previously tried as a lookout in the same alleged incident, (4) that the trial court erred in refusing a jury instruction tendered by defendant pertaining to an allegedly prior inconsistent statement by a State's witness, and (5) that the sentence imposed by the trial court was excessive and the result of consideration of improper matters.

Defendant Anglia Boone was charged by indictment with the commission, on June 26, 1976, of the offense of theft of property having a value less than $150, by knowingly exerting unauthorized control over a pair of pants, the property of Foxmoor Casuals, Inc., a corporation. The indictment further alleged that defendant had previously been convicted of the offense of theft.

The record shows that at the trial, the first State witness was Susan Callahan, a salesclerk at Foxmoor Casuals on the date of the alleged incident. She testified that she observed defendant enter the store and put a pair of gaucho pants in her purse, and then leave the store with John Rogers. Callahan followed defendant and Rogers into another store, where Callahan saw defendant place the gaucho pants in a drawer. On direct examination Callahan replied affirmatively to the question: "And on June 26, 1976, were you employed by Foxmoor Casuals, Inc., a corporation?" On cross-examination, defendant's counsel questioned Callahan and asked how she knew that Foxmoor Casuals was a corporation? She replied: "Because at the last hearing that we had it was brought out to me and was made aware that it was a corporation." The questioning then continued as follows:

"Q. What do you mean `at the last hearing'?

A. At John Roger's hearing.

Q. What happened at John Roger's hearing?

A. He was a look-out for her, and they had established this fact at the time, also whether it was a corporation or not.

Q. Well, did someone tell you that it was Foxmoor Casual, Inc.? You said you found that out at the last hearing.

A. That's correct.

Q. Well, then, who told you that?

A. The Judge.

Q. The Judge told you that the name of the store was Foxmoor Casual, Inc.?

A. What I understand that the Judge said was, to be a store in this state, it has to be a corporation.

Q. Now, you testified that John Rogers was with her, right?

A. That's correct.

Q. And you said that at the prior trial or at the prior hearing that there was something about him being a look-out?

A. Yes.

Q. With ...


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