People v. Brow

414 N.E.2d 475 (1980)

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Nature of the Case

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Facts

D and another man, Randall Schultz, had been driving around Peoria in Schultz' truck. They had picked up Maxwell Babcock. Babcock suggested that they steal a car and go out and wreck it. He said he knew a place where they could steal a car. It is alleged that D and Schultz didn't really want to commit the burglary but that they went along to Hillside Motors in Creve Coeur, the place where the theft was to occur. Babcock told the two to go around to the back of the building and kick the door in, while he stood lookout in front. Babcock, according to his plan, was then to enter the building, take keys and money, while the other two stood lookout in front. D and Schultz went around to the back of the building and D kicked at the door twice, but it did not open. Schultz kicked once, and it came open. D claims he got 'scared' and decided to end his participation in the crime. D and Schultz, without entering the building at all, went to the front of the building to Babcock. They told him that they were leaving, that the burglary was 'bullshit' and that they were taking their truck with them. Babcock did not want to leave, but the other two told him they were going and the truck was, too. Babcock then got in the truck with D and Schultz. As they were leaving the parking lot of the service station, next to Hillside Motors, the police arrived and stopped them. Nothing was missing at the car dealership. The case went to the jury which returned a verdict of guilty of attempt burglary against D. D appealed.