People v. Trapps, No. 73--197

CourtUnited States Appellate Court of Illinois
Writing for the CourtDIXON; SCOTT, P.J., and STOUDER
Citation22 Ill.App.3d 1029,318 N.E.2d 108
Docket NumberNo. 73--197
Decision Date11 October 1974
PartiesPEOPLE of the State of Illinois, Plaintiff-Appellee, v. Lula TRAPPS, Defendant-Appellant.

Page 108

318 N.E.2d 108
22 Ill.App.3d 1029
PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Lula TRAPPS, Defendant-Appellant.
No. 73--197.
Appellate Court of Illinois, Third District.
Oct. 11, 1974.

Page 109

[22 Ill.App.3d 1030] Stephen Hurley, State Appellate Defender Agency, Ottawa, for defendant-appellant.

James O. Christy, Asst. State's Atty., Peoria, for plaintiff-appellee.

DIXON, Justice.

The defendant Lula Trapps was found guilty of theft in a nonjury trial and was sentenced by the Circuit Court of Peoria County to serve a term of 1 to 3 years imprisonment.

The defendant contends that the State did not prove beyond a reasonable doubt that she participated in the theft. She argues that all her actions can be explained on the theory of innocence. The State does not argue that defendant herself committed the theft; its position is that the evidence established that a theft was committed and that the defendant is legally accountable for the conduct of the actual thief. The State bases its case on the theory of accountability pursuant to Ill.Rev.Stat. (1971) c. 38, sec. 5--2 which provides in part, that

'A person is legally accountable for the conduct of another when: * * * (c) Either before or during the commission of an offense, and with the intent to promote or facilitate such commission, he solicits, aids, abets, agrees or attempts to aid, such other person in the planning or commission of the offense.

In order to bring the accused within the purview of the statute, three propositions must be established: (1) that she solicited, aided, abetted, agreed or attempted to aid another person in the planning or commission of the offense; (2) that this participation on her part must have taken place either before or during the commission of the offense; and (3) that it must have been with the concurrent, specific intent to promote or faciliate the commission of the offense. People v. Ramirez, 93 Ill.App.2d 404, 236 N.E.2d 284. The nature of the defendant's contention requires that the evidence be set out in some detail.

Jerome Short, a Peoria Police Officer, testified that he went to the J. C. Penney store pursuant to a call and there picked up Lawrence Conrad the assistant manager and the two drove to D. Schaffer South, a woman's clothing store. While inside the store the officer saw two black females in [22 Ill.App.3d 1031] the rear of the store. He left the store, parked his squad car across the street and waited about 60 to 90 seconds when Gwendolyn Wilson came out of the store carrying a large gray sack. She began walking east about 10 feet when She

Page 110

saw his squad car and then began to walk very fast almost running. About 10 seconds later the defendant came out of the store and there was then about 40 feet between defendant and Gwendolyn Wilson. Defendant began walking east at a fast pace, she looked in the direction of the squad car and then waved and hollered something at Gwendolyn Wilson who then broke into a dead run and ran into the Central Illinois Light building. Gwendolyn Wilson had a pantsuit, priced at $200 with the D. Schaffer South label on it, in the sack she was carrying. Joseph Williams, another...

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16 practice notes
  • People v. Turner, No. 3-05-0747.
    • United States
    • United States Appellate Court of Illinois
    • 12 Septiembre 2007
    ...confrontation). Defendant relies on People v. Ceasar, 231 Ill.App.3d 54, 172 Ill.Dec. 810, 596 N.E.2d 89 (1992), and People v. Trapps, 22 Ill.App.3d 1029, 318 N.E.2d 108 (1974), to support her argument that the evidence was insufficient to convict. Unlike in Ceasar or Trapps, there is no di......
  • The People Of The State Of Ill. v. Gabriel, No. 1-07-2231.
    • United States
    • United States Appellate Court of Illinois
    • 27 Enero 2010
    ...N.E.2d 1258 (2000), People v. Ceasar, 231 Ill.App.3d 54, 172 Ill.Dec. 810, 596 N.E.2d 89 (1992), and 924 N.E.2d 1146 People v. Trapps, 22 Ill.App.3d 1029, 318 N.E.2d 108 (1974), to support his argument that the evidence was insufficient to support his conviction. Unlike Perez, Ceasar, and T......
  • People v. Griffin, No. 82-319
    • United States
    • United States Appellate Court of Illinois
    • 14 Mayo 1984
    ...more than mere presence in order to make Griffin accountable for the acts of other participants. (People v. Trapps (3rd Dist.1974), 22 Ill.App.3d 1029, 318 N.E.2d 108.) Having accepted the view that an attempt to exculpate himself at Smith's expense would backfire, Griffin agreed with Smith......
  • People v. Smith, No. 2-82-0641
    • United States
    • United States Appellate Court of Illinois
    • 6 Junio 1984
    ...beyond a reasonable doubt under the doctrine of accountability, Page 1214 [80 Ill.Dec. 231] relying solely on People v. Trapps (1974), 22 Ill.App.3d 1029, 318 N.E.2d 108. However, that case is inapposite because the defendant was found guilty there of theft based on the taking of the proper......
  • Request a trial to view additional results
16 cases
  • People v. Turner, No. 3-05-0747.
    • United States
    • United States Appellate Court of Illinois
    • 12 Septiembre 2007
    ...confrontation). Defendant relies on People v. Ceasar, 231 Ill.App.3d 54, 172 Ill.Dec. 810, 596 N.E.2d 89 (1992), and People v. Trapps, 22 Ill.App.3d 1029, 318 N.E.2d 108 (1974), to support her argument that the evidence was insufficient to convict. Unlike in Ceasar or Trapps, there is no di......
  • The People Of The State Of Ill. v. Gabriel, No. 1-07-2231.
    • United States
    • United States Appellate Court of Illinois
    • 27 Enero 2010
    ...N.E.2d 1258 (2000), People v. Ceasar, 231 Ill.App.3d 54, 172 Ill.Dec. 810, 596 N.E.2d 89 (1992), and 924 N.E.2d 1146 People v. Trapps, 22 Ill.App.3d 1029, 318 N.E.2d 108 (1974), to support his argument that the evidence was insufficient to support his conviction. Unlike Perez, Ceasar, and T......
  • People v. Griffin, No. 82-319
    • United States
    • United States Appellate Court of Illinois
    • 14 Mayo 1984
    ...more than mere presence in order to make Griffin accountable for the acts of other participants. (People v. Trapps (3rd Dist.1974), 22 Ill.App.3d 1029, 318 N.E.2d 108.) Having accepted the view that an attempt to exculpate himself at Smith's expense would backfire, Griffin agreed with Smith......
  • People v. Smith, No. 2-82-0641
    • United States
    • United States Appellate Court of Illinois
    • 6 Junio 1984
    ...beyond a reasonable doubt under the doctrine of accountability, Page 1214 [80 Ill.Dec. 231] relying solely on People v. Trapps (1974), 22 Ill.App.3d 1029, 318 N.E.2d 108. However, that case is inapposite because the defendant was found guilty there of theft based on the taking of the proper......
  • Request a trial to view additional results

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