People v. Voleta

In a joint bench trial defendant, John Yoleta, was convicted of theft and sentenced to the County Jail for one year and defendant’s brother, Michael Yoleta, received a suspended fine. However, only John Yoleta filed an appeal.

Defendant contends that the trial court erroneously overruled the motion to suppress certain evidence, that he was not proved guilty beyond a reasonable doubt and that there was a fatal variance in the information.

Officer Mantello of the Chicago Police Department testified that he stopped Michael Yoleta, between 7:00 and 8:00 p. m. on November 18, 1963, in the alley…