People v. Philyaw

Mr. PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

James Philyaw, the defendant, was convicted in a bench trial of theft under $150 (Ill. Rev. Stat 1971, ch. 38, par. 16 — 1(d)(1)), and was sentenced to serve 30 days in the county jail. He appeals, contending that he was not proved guilty beyond a reasonable doubt and that the stereo tape cartridges found in his possession and shown to have been stolen were the proceeds of an illegal search. In a supplemental brief defendant also contends that the information under which he is charged is void because it fails to allege that…