People v. Housby

Mr. PRESIDING JUSTICE STOUDER,

dissenting:

I must respectfully dissent from the opinion of my colleagues. This is the companion case to People v. King (1979), 78 Ill. App. 3d 879, 397 N.E.2d 905, in which I dissented because I felt that the presumption regarding the burglary charge should not have been given to the jury. Since the offense is the same and the evidence is similar, it is not necessary to repeat the analysis in King. However, at the time King was decided, County Court v. Allen (1979), 442 U.S. 140, 60 L. Ed. 2d 777, 99 S. Ct. 2213, was not brought to my attention nor did my…