McPhee v. People

McPhee, plaintiff in error, also hereinafter designated as defendant, was charged with and convicted of burglary with force and sentenced to serve a term in the penitentiary. To review the judgment of conviction he has sued out a writ of error and asks that the writ be made to operate as a supersedeas. Defendant did not take the witness stand. Briefly, the facts are as follows:

December 21, 1938, about 8 p.m., McPhee hired a taxicab, and, after picking up his sister and stopping at a beer parlor, directed the driver to go “to the D. & R.G.W. yards, down by the commissary.” Leaving the driver…