PEOPLE v. SCHMIDT

No. 4-86-0633.

161 Ill. App.3d 278 (1987)

514 N.E.2d 494

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GERALD C. SCHMIDT, JR., Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed September 24, 1987.


Attorney(s) appearing for the Case

Daniel D. Yuhas and Patricia G. Mysza, both of State Appellate Defender's Office, of Springfield, for appellant.

Thomas K. Leeper, State's Attorney, of Quincy (Kenneth R. Boyle, Robert J. Biderman, and Linda Cullom, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.


Reversed and remanded.

JUSTICE LUND delivered the opinion of the court:

Following a jury trial in Adams County, Gerald C. Schmidt, Jr., defendant, was convicted of burglary and theft. Defendant appeals contending the verdicts for burglary and for theft were inconsistent. We agree and reverse.

The defendant was charged with burglary with intent to commit theft. The theft elements related to section 16-1(a) of the Criminal Code of 1961 (Code) (Ill. Rev...

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