People v. Smith

I respectfully dissent.

In a criminal case, the State must prove beyond a reasonable doubt that the crime was perpetrated by the person accused. (People v. Urbana (1959), 18 Ill. 2d 81, 85.) Mere probabilities will not support a conviction. (People v. Jackson (1961), 23 Ill. 2d 360, 365.) Suspicious circumstances are not enough to exclude doubt. (People v. Sustak (1958), 15 Ill. 2d 115, 122.) Suspicious circumstances, although of probative value, cannot substitute for proof sufficient to support a conviction. In re Whittenburg (1976), 37 Ill. App. 3d 793, 795.

After reviewing all of the…