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PEOPLE v. DAVIS

No. 13978.

369 N.E.2d 1376 (1977)

54 Ill. App.3d 517

12 Ill.Dec. 362

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Mack Arthur DAVIS, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

November 18, 1977.

Attorney(s) appearing for the Case

Richard J. Wilson, Deputy Appellate Defender, Springfield, for defendant-appellant.

James R. Burgess, Jr., State's Atty., Urbana, Robert C. Perry, Principal Atty., Ill. State's Atty's Assn., Statewide Appellate Assistance Service, Jeffrey B. Levens, Staff Atty., Springfield, for plaintiff-appellee.

MILLS, Justice:

"We agree to all the generalities about not supplying criminal laws with what they omit, but there is no canon against using common sense in construing laws as saying what they obviously mean."

— Mr. Justice Holmes in Roschen v. Ward (1929), 279 U.S. 337, 339, 49 S.Ct. 336, 73 L.Ed. 722.

The central issue to this appeal: what constitutes burglary in...

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