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PEOPLE v. BETHEA

Gen. No. 50,033.

63 Ill. App.2d 89 (1965)

211 N.E.2d 603

People of the State of Illinois, Plaintiff-Appellee, v. Melvin Bethea, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

September 16, 1965.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender of Cook County, of Chicago (Albert Friedman and James J. Doherty, Assistant Public Defenders, of counsel), for appellant.

Daniel P. Ward, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and James B. Klein, Assistant State's Attorneys, of counsel), for appellee.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

On a trial by the court without a jury, the defendant was convicted of burglary and sentenced to two to six years in the penitentiary. The building involved was the Psi Upsilon Fraternity House at 5639 University Avenue, Chicago, occupied by University of Chicago students. The time was 9:30 p.m. on Sunday, April 26, 1964.

The only issue on appeal is whether the defendant entered the house with the required...

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