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PEOPLE v. BUDZYNSKI

No. 74-339.

31 Ill. App.3d 604 (1975)

334 N.E.2d 341

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. HENRY BUDZYNSKI, Defendant-Appellant.

Appellate Court of Illinois — Second District (1st Division).

August 25, 1975.

Attorney(s) appearing for the Case

Ralph Ruebner and Peter B. Nolte, both of State Appellate Defender's Office, of Elgin, for appellant.

John J. Bowman, State's Attorney, of Wheaton (Malcolm F. Smith, Assistant State's Attorney, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE HALLETT delivered the opinion of the court:

Following a trial by jury, the defendant, Henry Budzynski, was convicted of possession of burglary tools, and was sentenced to 1 to 2 years' imprisonment. On appeal, the defendant contends that the court erroneously refused the defendant's tendered instruction on circumstantial evidence, which stated that the jury should not find the...

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