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Criminal Law Keyed to Gershowitz
People v. Zierlion
Citation:
16 Ill.2d 217, 157 N.E.2d 72.Facts
On the night of February 4, 1958, four men, namely Tony Gallas, Tom Hills, Paul Petropulos and Ronald Utterbach, entered the office-warehouse of Martin Oil Service, Inc., in Chicago. They pushed a safe belonging to the company out of a second floor window into the yard of the premises. It was too heavy to move, so they left to get help.
An employee of the company who came to work saw them and called the police. The police arrived and waited there until about 2:15 A.M. At that time two automobiles appeared, a Cadillac and a Ford, each containing three men. The Cadillac backed up to the safe with the trunk open, whereupon the police called to the men. The men fled and the police fired shots, killing one and wounding the defendant. There was no evidence that the defendant participated in the affair prior to being called upon to aid in moving the safe.
The defendant was convicted of burglary. He appealed, arguing that the evidence failed to show that he entered a building with the intent to commit a crime.
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