People v. DeFord

Mr. PRESIDING JUSTICE STENGEL

delivered the opinion of the court:

Following a jury trial in the Circuit Court of Fulton County, Robert DeFord was found guilty of burglary and sentenced to a term of three to 10 years in prison (Ill. Rev. Stat. 1975, ch. 38, par. 19 — 1). The sole issue raised on review is whether the trial court erred by calling Rick DeFord, defendant’s 16-year-old brother and accomplice, as a court’s witness.

The Eagles Lodge in Canton, Illinois, was burglarized sometime in the early morning hours of December 1, 1976. A police officer investigating the burglary discovered two…