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155 Ill. App. 3d 1066

People v. McLean

Appellate Court of Illinois

Decided May 29, 1987

Appellate Court of Illinois · decided 1987-05-29

Cited by 2 later decisions — most recently June 1990

2 state decisions

Relies on 84 Ill. 2d 415 - People v. Housby

Good law ✅— No negative treatment on recordhow we know

Decided 1987-05-29

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JUSTICE HARRISON,

¶1dissenting:

¶2As the majority correctly observes, exclusive and unexplained possession of recently stolen property will not in and of itself support a conviction for burglary. There must be other facts and circumstances which corroborate the defendant’s guilt. (People v. Housby (1981), 84 Ill. 2d 415, 423, 420 N.E.2d 151, 155.) In this case, however, no such corroboration is present. While the record may be sufficient to show that defendant is a receiver of stolen property or that he has committed theft, it does not establish that he is guilty beyond a reasonable doubt of residential burglary. I would therefore reverse.

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