APPEAL from the Circuit Court of St. Clair County; the Hon.
JOHN J. HOBAN, Judge, presiding.
MR. JUSTICE WELCH DELIVERED THE OPINION OF THE COURT:
The defendant, Ricky Hollingsworth, was charged by indictment with burglary and theft over $150 for the events of the evening of July 23, 1979, and the early morning of July 24, 1979. He stood trial before a jury on November 6, 1979, in Belleville, Illinois, with the Honorable John J. Hoban presiding. Judge Hoban granted the defendant's motion for a directed verdict of not guilty on the theft charge at the end of the State's evidence, and the jury found Hollingsworth guilty of burglary. The judge sentenced Hollingsworth to probation for a period of 30 months with the condition that he spend the weekends in the county jail.
The defendant appeals from his conviction.
The record shows that sometime between the hour of 5 p.m., July 23, 1979, and 7:30 a.m., July 24, 1979, the wholesale liquor warehouse of East Side Importing, Inc., was broken into and a quantity of beer was stolen, as was a 1968 station wagon parked at the warehouse. The beer included some Falstaff and numerous cases of Colt .45 malt liquor, both 8 oz. and 12 oz. cans, and Pink Champale in 7 oz., 12 oz., and quart bottles.
At 9:15 a.m. on July 24, 1979, East St. Louis Detective, John Thurman, went to the home of Renee Beison in response to a report by her of a battery by her boyfriend, Ricky Hollingsworth. He found Hollingsworth and Vernell Ellis asleep in the house and several cases of beer in a room on the north side of the home. Thurman arrested Hollingsworth and Ellis for the burglary of the warehouse.
At the trial Stephen Rose testified that Ricky Hollingsworth had come over to Rose's home at 1735 State Street with his cousin, W.D. Hollingsworth, late at night on July 23, 1979. Rose said that he and Ricky left together, walking down State Street, talking about going to a party. They went down past "the place where they keep the beer." Rose testified that he was outside the warehouse and W.D. Hollingsworth and several others were inside the warehouse. He said in response to questions:
"Q. Okay. Okay, go ahead, tell us what you saw.
A. So during that time I was standing outside, and W.D. Hollingsworth was on the inside.
A. The place. Ricky was too, and so after that, they got totaled [sic] out the place. They got totaled [sic] out the place, and Ricky was standing outside the place watching W.D. Hollingsworth, and Jerome and Derrick was on the inside. They was handing it out, was taking it over to the railroad tracks."
"Q. Okay. Now, you did indicate that you saw Ricky Hollingsworth carrying some of the beer from the —
A. Yeah, to the railroad tracks. They handed it out the door to us. We took it over to the railroad tracks."
Rose testified that he and Ricky then walked away from the warehouse, Rose to go home and ...