People v. Umphers

After a jury trial defendant was convicted .of the crime of burglary and sentenced to a term of not less than five nor more than fifteen years in the penitentiary. Defendant appeals.

Defendant appeals contending that all the elements of burglary were not proven beyond a reasonable doubt, that he was prejudiced when the prosecution left a prejudicial statement unsubstantiated, that one of the prosecution’s jury instructions was improperly given and that the sentence was excessive.

" The evidence discloses that on the night in question the Trio Oil Company service station in East St. Louis was…