APPEAL from the Circuit Court of Cook County; the Hon. FRANCIS
J. MAHON, Judge, presiding.
MR. JUSTICE ROMITI DELIVERED THE OPINION OF THE COURT:
Defendant, Donnell Spivey, was found guilty of burglary (Ill. Rev. Stat. 1975, ch. 38, par. 19-1), after a bench trial in the circuit court of Cook County, and he was sentenced to a term of 2 to 6 years. The sole issue presented for review is whether the court committed reversible error by considering hearsay testimony.
On May 13, 1976, at about 2:40 p.m., an Oak Park police officer, Jan Stachura, received a radio message and proceeded to the area of Mayfield and Race in Chicago where he observed defendant exiting an alley carrying a large brown box with a blue handle in his right hand and a similar smaller box in his left hand. The manufacturer's labels on the boxes identified the contents of the boxes as Tupperware.
The officer asked the defendant where he was going, and defendant stated he had purchased the two boxes from a Turnstyle store as a gift for his mother, and he was going home. The officer asked him what the boxes contained, and defendant stated "Tupperware."
Officer Stachura then took defendant to 470 North Austin where there was a station wagon and a police car. The officer testified he had a conversation with Dorothy Perkins, the owner of a car which had been burglarized, and with Roy Rogers. The following colloquy then took place at trial:
"Q. What, if anything, did you ask Mr. Rogers?
A. I asked Mr. Rogers if he had ever seen the subject in the back seat of my car before.
MR. RADAKOVICH: Objection.
THE COURT: Wait just a minute. An objection is made.
MR. ORGAN: Did you ask him that?
Q. What did you ask him after that? What did you ask ...