People v. Booher

The defendant, who was charged with burglary, was tried by the court, found guilty, and sentenced to the penitentiary for an indeterminate term of not less than 2 nor more than 5 years. On appeal, he contends that the trial court erred in finding him guilty in that the evidence did not prove beyond a reasonable doubt that he entered the DeKalb Appliance Store with intent to commit therein a felony or theft.

Section 19-1 (a) of the Criminal Code (Ill Rev Stats 1965, c 38, par 19-1 (a)) provides that a person commits burglary when without authority he knowingly enters or without authority…