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PEOPLE v. WALKER

No. 5-89-0595.

570 N.E.2d 1268 (1991)

212 Ill. App.3d 410

156 Ill.Dec. 546

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Vernon WALKER and Brian Matthews, Defendants-Appellants.

Appellate Court of Illinois, Fifth District.

April 29, 1991.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Lawrence J. O'Neill, Asst. Defender, Office of State Appellate Defender, Mount Vernon, for defendants-appellants.

John Baricevic, State's Atty., Belleville, Kenneth R. Boyle, Director, Stephen E. Norris, Deputy Director, Raymond F. Buckey, Jr., Staff Atty., Office of State's Attys. Appellate Prosecutor, Mount Vernon, for plaintiff-appellee.

Presiding Justice RARICK delivered the opinion of the court:

Defendants, Brian Matthews and Vernon Walker, were charged in the circuit court of St. Clair County with burglary and residential burglary. They were found guilty on both counts after a trial by jury, and both were sentenced to four years' imprisonment. The only question raised on appeal is whether the house in question was a dwelling within the meaning of the residential burglary statute.

The evidence...

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