People v. Toolate

The defendant was convicted of residential burglary with intent to commit rape after a jury trial in the circuit court of Adams County. The conviction was affirmed on appeal by a divided court (115 Ill. App. 3d 13), and the defendant’s petition for leave to appeal to this court was allowed (87 Ill. 2d R 315).

The issue in this appeal is whether the evidence establishes beyond a reasonable doubt that the defendant, Larry Toolate, was guilty of the offense with which he was charged. Its resolution is complicated because the evidence is scant.

The defendant broke into the home of the complaining…