People v. Berndt

In an indictment returned in the Circuit Court of Randolph County, defendant, Omer Berndt, together with two other defendants, was charged, in Count I, with the crime of Burglary (c 38, § 19-1), in Count II, with the crime of Theft (c 38, § 16-1 (a)), and in Count III, with the crime of Theft (c 38, § 16-1 (d) (3)), (Ill Rev Stats 1965). In a jury trial he was acquitted on Counts I and II, and convicted on Count HI. The trial court denied a post-trial motion and sentenced him to not less than one (1) nor more than five (5) years in the Illinois State Penitentiary.

As his first ground for…