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eBook details

• Title: People v. Bales
• Author : Supreme Court of Illinois
• Release Date : January 20, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

The defendants in these consolidated appeals were charged by information in the circuit court of Du Page County with residential burglary in connection with three unrelated occurrences, in that they, knowingly and without authority, entered the dwelling place of another with the intent to commit therein a theft in violation of section 19-3 of the Criminal Code of 1961 (Ill. Rev. Stat. 1983, ch. 38, par. 19-3). Prior to trial, each defendant filed a motion to dismiss the charge for failure to state an offense. (Ill. Rev. Stat. 1983, ch. 38, par. 114-1(a)(8).) The trial court dismissed the residential-burglary charges against the defendants, holding that the statute, on its face, was so vague that it violated the constitutional guarantees of due process (U.S. Const., amend. XIV; Ill. Const. 1970, art. I, sec. 2), and that the mandatory minimum sentence imposed upon conviction of the offense of residential burglary violated the limitation-of-penalties provision of the Illinois Constitution (Ill. Const. 1970, art. I, sec. 11). The State appealed directly to this court from the trial court's finding that section 19-3 is unconstitutional (94 Ill.2d R. 302(a)(1)). The defendants still stand charged with burglary.

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