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PEOPLE v. O'MALLEY

No. 84-2455.

143 Ill. App.3d 474 (1986)

493 N.E.2d 82

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DAVID O'MALLEY, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed May 7, 1986.

Attorney(s) appearing for the Case

George P. Lynch and Leland Shalgos, both of Chicago (M. Jacqueline Walther, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Joan S. Cherry, James E. Fitzgerald, and John J. Budin, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

JUSTICE WHITE delivered the opinion of the court:

Following trial, a jury found defendant, David O'Malley, guilty of burglary and possession of burglary tools. The trial court entered judgment on the verdicts and sentenced defendant to six years in the penitentiary. On appeal, defendant contends: (1) the indictment should have been dismissed; (2) the State failed to prove defendant guilty beyond a reasonable doubt; (3) the trial court...

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