PEOPLE v. BENGE

No. 4-89-0426.

196 Ill. App.3d 56 (1990)

552 N.E.2d 1264

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WILLIAM JOSEPH BENGE, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed March 28, 1990.


Attorney(s) appearing for the Case

Daniel D. Yuhas and Jane Raley, both of State Appellate Defender's Office, of Springfield, for appellant.

Scott H. Walden, State's Attorney, of Quincy (Kenneth R. Boyle, Robert J. Biderman, and Gwendolyn W. Klingler, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.


Judgment affirmed.

PRESIDING JUSTICE KNECHT delivered the opinion of the court:

The issue presented is whether a cabin, used primarily on weekends, is a dwelling for purposes of the residential burglary statute. Ill. Rev. Stat. 1987, ch. 38, par. 19-3.

The Adams County circuit court convicted defendant of residential burglary (Ill. Rev. Stat. 1987, ch. 38, par. 19-3) and burglary (Ill. Rev. Stat. 1987, ch. 38, par. 19-1) on February 16, 1989. During...

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