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PEOPLE v. WIRTH

No. 78-76.

77 Ill. App.3d 253 (1979)

395 N.E.2d 1106

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOHN R. WIRTH, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Opinion filed October 1, 1979.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Mary T. Woodward and Ronald P. Alwin, Assistant Public Defenders, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, Myra J. Brown, and Bruce W. Lester, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

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

After trial by jury John R. Wirth (defendant) was found guilty of burglary and sentenced from 4 to 12 years. In his appeal to this court, he contends the prosecution failed to overcome his affirmative defense of intoxication; the trial court unfairly refused to instruct the jury on defendant's theory; evidence of a bond forfeiture by defendant was improperly admitted to prove...

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