People v. Mooney

The defendant was indicted for burglary of the Top O The Morn Drive-in in Waukegan. He entered a plea of guilty and was sentenced to 4-8 years in the Illinois State Penitentiary. The defendant has appealed this sentence and contends that the sentence is excessive in the light of the circumstances of this offense and the background of the defendant.

It appears that on December 6th, 1969, he broke the back window in the Drive-In and entered. He further stated that he had been drinking and he waited forty-five minutes until the police found him lying on the floor. The next day after being duly…