People v. CurtisPeople v. Curtis
delivered the opinion of the court.
Defendant, Billie J. Curtis, was charged with the crime of burglary. After a jury trial, defendant was found guilty and sentenced to the penitentiary for a period of two аnd a half to four years. Defendant appeals, contending first that a certain State’s instruction was erroneously given, and secondly, that he was not proved guilty of burglary beyond a reasonable doubt.
On November 27, 1966, at about 9:30 p. m., Officers Thomas Rowan and Morris Steward were in the vicinity of 1300 East 64th Street in the City of Chicago, pursuant to a burglary in progress call. They noticed two men, one of whom was later identified as defendant. Defendant wаs carrying twelve bags containing hats, while the other man, named Cox, was carrying nine bags containing hats and also a radio. Cox told the policе that it was his merchandise, and that he was moving. The officers then went to Cox’s apartment, where they recovered other items which were later identified as being stolen. The officers took all of the recovered property to the police station, and it was identified by the owner of a cleaning establishment as property from his store.
James Manseles testified that he owned a cleaning and hat shop at 1403 East 63rd Street. On November 27, 1966, he left the store at about 4:30 p. m. He was called about 9:15 p. m. and was told that his shop had been burglarized. He went to the store and found the glass on the front door broken. At the police station, he identified the recovered property as his.
Defendant testified that on November 27, 1966, he was in the vicinity of 1300 East 63rd Street when a man stopped him on the street and asked him to help carry some packages. He had nevеr seen the man before. When defendant first saw the other man, the latter was carrying “a radio, 18 hats, some clothes and things.”
Defendant’s first contentiоn is that one of the State’s instructions was erroneously given to the jury. The disputed instruction reads as follows:
“The Court instructs the jury that the exclusive possеssion, shortly after the commission of burglary, of stolen property, the proceeds of the crime, if unexplained, may of itself raise an inference of guilt of the person having such possession, sufficient to authorize a conviction if the jury believes that such possession has been еstablished beyond a reasonable doubt and in the absence of any other evidence of facts or circumstances in evidence which leave in the mind of the jury a reasonable doubt as to the guilt of such person.”
Defendant agrees with the principle that the recent, unexрlained and exclusive possession of stolen property by an accused gives rise to an inference of guilt sufficient to sustain a conviction, People v. Franceschini, 20 Ill2d 126,
On the issue of exclusive possession, in Peoplе v. Hurry, 385 Ill 486,
“The question of whether or not the defendant is in possession of stolen property is often a question of fact, and if the proof tends to establish such possession then such instruction may be given regardless of whether possession is denied or not.”
That holding is consistent with the general rule that an instruction, to be properly given, must be supported by some evidence, but not necessarily by undisputed evidence. People v. Cavaness, 21 Ill2d 46,
In the case at bar, defendant was carrying several bags of stolen hats whеn stopped by the police. Defendant does not deny carrying those bags, and we cannot see how the element of exclusive pоssession is in dispute. Even if, under any theory, exclusive possession could be disputed, the instruction concerning it would be proper in accordance with the holding in People v. Hurry, supra.
On the issue of explained possession, defendant argues that, since he offered an explanation as to how he came into possession of the hats, the instruction was improper because it assumed that his possession had been unexplained.
However, in the People v. Carvin, 20 Ill2d 32,
In People v. Himstedt, 377 Ill 498,
Defendant next contends that the State failed to prove him guilty beyond а reasonable doubt, since the circumstantial evidence was not convincing and his explanation was reasonable.
The inference which arises from the recent, unexplained and exclusive possession of stolen property is, of itself, sufficient to sustain a finding of guilt. Peoplе v. Franceschini, supra. Defendant’s explanation of how he came into possession of that property creates an issue which the triers of fact must resolve. People v. Reynolds, supra; People v. Ray, 80 Ill App2d 310,
In the case at bar, defendant was arrested shortly after commission of the crime, carrying some of the stolen property, within a few blocks of the scene of the crime. Thus, the circumstantial evidenсe tending to show that defendant participated in the burglary was strong. Moreover, defendant’s explanation that he came upon a man able to carry a “radio, 18 hats, some clothes and things,” must have seemed as unreasonable to the jury as it does to us. The defendant was proved guilty beyond a reasonable doubt.
The judgment of the Circuit Court is affirmed.
Judgment affirmed.
DEMPSEY, P. J. and SCHWARTZ, J., concur.