People v. Fort

The defendants were charged with burglary, convicted by a jury and sentenced to serve not less than 1 nor more than 5 years in the penitentiary. Fricks and Nelson appeal on the grounds (1) that they were not proven guilty beyond a reasonable doubt because the testimony of the State’s chief witness was vague, uncertain and rebutted by defendants’ evidence, (2) that the trial court erred in permitting the prosecutor in his closing argument to make improper and prejudicial remarks, not based on the evidence at trial.

Defendant Fort appeals only on the second ground indicated above.

The apartment…