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People v. Brown

394 N.E.2d 63 (1979)

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People v. Brown

Illinois Appellate Court

394 N.E.2d 63 (1979)

Facts

Late one evening, Brown (defendant), Williamson, and Gossage were driving to the town square when Brown mentioned finding some pop bottles. Upon reaching the town square, the group walked through an alley behind a supermarket, where there was an enclosure containing bottles. The topless enclosure was eight feet wide, 10 feet long, and 10 feet tall. Brown jumped onto one side of the enclosure and told his companions that there were a lot of pop bottles inside. Brown asked Gossage to jump onto the enclosure and pass cases of bottles to him, but Gossage refused. Brown made the same request of Williamson, but Williamson also declined. The group was walking away from the enclosure when a van pulled into the alley. Williamson continued walking towards Brown’s car, which was parked about a block from the enclosure, but Brown and Gossage began to run. The van was driven by an officer, who pursued and arrested Brown and Gossage. Brown was convicted of attempted theft. Brown appealed on grounds that the state failed to establish he did an act constituting a substantial step toward commission of the theft.

Rule of Law

Issue

Holding and Reasoning (Stengel, J.)

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