People v. Murphy

Illinois Appellate Court
Criminal Court
Burglary
Citation
Case Number: 
2015 IL App (4th) 130265
Decision Date: 
Wednesday, March 18, 2015
District: 
4th Dist.
Division/County: 
Macon Co.
Holding: 
Judgment vacated.
Justice: 
TURNER
Defendant was convicted, after jury trial, of two counts of burglary. State failed to proved that Defendant entered pawn shop with intent to commit therein a theft of stolen property. Defendant pawned electronic game equipment and camera, later identified as items which had been stolen from homes, at a pawn shop. Defendant admitted buying merchandise "on the street", but denied going into a home and stealing items, and never admitted that he knew items had been stolen. State was required to prove Defendant knowingly obtained control over stolen property knowing property to have been stolen or under circumstances as would reasonably induce Defendant to believe it was stolen. (KNECHT, concurring; STEIGMANN, dissenting.)