Feister v. People

Citations

• 125 Ill. 348
• 17 N.E. 748
• 1888 Ill. LEXIS 1104

Syllabus

<p>Criminal law—attempt to commit burglary—sufficiency of the evidence. On the trial of one for an attempt to commit a burglary, it appeared that the building sought to be entered was occupied as a saloon; that on Sunday morning, about eleven o’clock, the defendant attempted to enter the room through a back window, the sash of which had been left down; that about a half hour before, he had been in the saloon and got liquor to drink, and that when caught in the act of trying to get through the window, he said he wanted whisky. There was a back door to the saloon, through which persons entered on Sunday. The defendant testified that he went to the saloon to get another drink, and found the back door locked; that he thought there were some persons in who refused to admit him or answer him; that he then went to the window and looked over the sash, which was down, and that his only object was to get whisky. It also appeared he was under the influence of liquor: Held, that the evidence was not sufficient to justify a conviction.</p>