People v. Toolate

In a bench trial in Adams County on May 23, 1975, defendant Marvin Toolate was convicted of attempted burglary in violation of section 8— 4(a) of the Criminal Code of 1961 (Ill. Rev. Stat. 1973, ch. 38, par. 8— 4(a)). He was sentenced to 3 to 9 years imprisonment. The defendant appeals, arguing that he was not proven guilty beyond a reasonable doubt. On the basis of the facts and reasoning which follows, we reverse.

In Quincy, on December 19, 1974, at 2:20 a.m., Police Chief Wilfred Baker was driving west on Oak Street, approaching the intersection of 12th Street. He observed a man walking…