Illinois Appellate Court
Criminal Court
Burglary
Motions in Limine
Uninhabited house was a "dwelling", for purposes of residential burglary statute; though it was damaged by fire and windows boarded up, owners checked on its condition daily, and first floor of building was still in use to store clothes, furniture, and appliances. Even though Defendant claimed that he believed building was abandoned, evidence sufficient for inference that Defendant knew or had reason to know it was a dwelling place. Trial court's error in not ruling on Defendant's motion in limine to bar use of his earlier convictions for impeachment, until after Defendant had testified, was harmless, as trial was before bench rather than jury, and proper balancing test done.