People v. Montgomery

Defendant, Charles Montgomery, was found guilty, after a bench trial, of the offense of the attempted theft of an automobile (Ill. Rev. Stat. 1973, ch. 38, par. 8—4(a)). The circuit court of Cook County sentenced him to two years probation. Defendant submits two primary issues on appeal: (1) that the trial court erred in denying his motion to suppress the arrest; (2) that the defendant was not proven guilty beyond a reasonable doubt, because the State failed to prove the necessary intent and failed to prove a specific overt act had been taken toward the commission of the offense.

At the trial,…