People v. Darrah

Mr. JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

A bench trial resulted in defendants being found guilty of burglary, possession of burglary tools and theft under $150. On appeal it is contended that the court erred in denying a motion to suppress evidence and that the evidence failed to prove the defendants guilty.

At the hearing on the motion to suppress, one Drew (a tenant of a four-flat apartment building) testified that at approximately 9 P.M., on March 23, 1971, he drove into the parking lot at the rear of his residence. As he stepped from his car, he heard the back door of…