People v. Borneman

The defendant, William Borneman, along with an accomplice, was indicted on two counts for burglary and a third count for theft. He was found guilty by a jury on the first count of burglary in that he “without authority, knowingly entered into the telephone booth building . . . , with intent to commit therein a theft. . . .”

On appeal he claims that the evidence was insufficient to prove him guilty, beyond a reasonable doubt, that he was not charged with a crime in that a telephone booth is not a building within the meaning of the word as used in section 19-1 of the Criminal Code of 1961, that…