People v. Svoboda

Defendant, James Svoboda, was convicted of burglary (Ill. Rev. Stat. 1975, ch. 38, par. 19—1) after a jury trial and sentenced to 18 to 54 months imprisonment. His sole contention on appeal is that the trial court erred in refusing to give his tendered instruction on prior inconsistent statements (Illinois Pattern Jury Instructions, Criminal, No. 3.11 (1968), (hereinafter IPI Criminal).

Defendant and a co-defendant, Timothy DeKing, were charged with the burglary of a building belonging to Paul Soderstrom and the theft of tools and radios found therein belonging to Soderstrom’s business tenant,…