People v. West

Mr. PRESIDING JUSTICE HARTMAN

delivered the opinion of the court:

Following a bench trial, defendant was found guilty of two counts of unlawful use of weapons and was sentenced to serve 5 years in the penitentiary. Defendant questions the conviction upon the basis that the State failed to prove an essential element of the offense, namely, that the alleged use did not occur on defendant’s own land, abode or fixed place of business.

The State’s sole witness was Police Investigator Norbert Listowski, who testified that on November 7, 1978, at about 8:30 p.m., he and his partner were driver and…