People v. Smith

The defendant, Barnester Smith, was indicted for theft of property of a value in excess of $150. He was tried before a jury, was convicted, and sentenced to a term of one to five years in the Illinois State Penitentiary. The only question before this court is whether he was convicted beyond a reasonable doubt.

Defendant was accused of stealing a 1965 Pontiac from in front of the owner’s home at 7335 South Michigan Avenue, Chicago. The owner of the car, Robert Cummings, is the complaining witness in the case.

On July 10, 1966, at about 2:30 a. m., police officers in a passing squad car noticed…