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PEOPLE v. MITCHELL

No. 77-1202.

59 Ill. App.3d 367 (1978)

375 N.E.2d 531

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. PHILLIP MITCHELL, Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Opinion filed April 20, 1978.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Gail A. Moreland, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger, Mary Ann Callum, and John J. Cronin, Assistant State's Attorneys, of counsel), for the People.

Judgment reversed.

Mr. PRESIDING JUSTICE JOHNSON delivered the opinion of the court:

After a bench trial, Phillip Mitchell was found guilty of criminal damage to property (Ill. Rev. Stat. 1975, ch. 38, par. 21-1(a)) and sentenced to 90 days in the House of Correction. He contends the State failed to prove his guilt beyond a reasonable doubt.

The complaining witness resided in a second floor apartment of a four-unit building at the corner of 101st Street...

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