People v. Davis

In a jury trial in the Circuit Court of Madison County, defendant Ervin Davis, was convicted of burglary and sentenced to the penitentiary for a term of not less than three nor more than ten years. The sole question in this appeal is whether an “entry” was made into a building sufficient to constitute the crime of burglary or whether, as defendant contends, the “entry” was unsuccessful making his crime one of attempt only and subject to a lesser penalty.

From the State’s evidence alone, since defendant did not testify, it appears that defendant, and three others, were unknowingly observed by…