{
  "id": 5406831,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Dwight Banks, Defendant-Appellant",
  "name_abbreviation": "People v. Banks",
  "decision_date": "1975-05-14",
  "docket_number": "No. 60109",
  "first_page": "784",
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      "cite": "28 Ill. App. 3d 784"
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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    "name_long": "Illinois",
    "name": "Ill."
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    {
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      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
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      "cite": "93 Ill.App.2d 404",
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      "cite": "257 N.E.2d 190",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "year": 1968,
      "opinion_index": 0
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    {
      "cite": "121 Ill.App.2d 174",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
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      "year": 1968,
      "opinion_index": 0,
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      "cite": "189 N.E. 265",
      "category": "reporters:state_regional",
      "reporter": "N.E.",
      "year": 1970,
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    {
      "cite": "355 Ill. 312",
      "category": "reporters:state",
      "reporter": "Ill.",
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      "year": 1970,
      "opinion_index": 0,
      "case_paths": [
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    {
      "cite": "270 N.E.2d 285",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "132 Ill.App.2d 744",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
      "case_ids": [
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  "last_updated": "2023-07-14T21:36:05.902616+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Plaintiff-Appellee, v. Dwight Banks, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE ADESKO\ndelivered the opinion of the court:\nThe defendant, Dwight Banks, was charged with theft under $150 in violation of section 16 \u2014 1(a) (1) of the Criminal Code (Ill. Rev. Stat. 1973, ch. 38, par. 16 \u2014 1(a)(1).) After a bench trial, he was found guilty and sentenced to probation for 1 year. On appeal defendant contends that the State failed to prove his accountability beyond a reasonable doubt.\nOn July 20, 1973, a Chicago police officer, Morris Brown, observed three persons in the vicinity of a bicycle rack outside the Standard Oil Building, 250 E. Lake Street, Chicago. One of the persons was sitting on a curb. The defendant, Banks, was standing approximately 5 to 10 feet from the rack. A third person, Otis Townsend, was walking away from fire rack. As he walked, Townsend was placing a bolt cutter into a bag when Banks also began walking. Officer Brown arrested all three persons. A steel lock \u201csnapped from its chain\u201d subsequently was found next to the bicycle which was the object of the alleged theft.\nOfficer Brown testified that he never saw Banks touch the bicycle and that Banks was 5 to 10 feet away from the bicycle rack. Banks testified that Otis Townsend had mentioned to Banks that he (Townsend) was trying to retrieve his cousin\u2019s bicycle. Banks further stated that he neither noticed nor helped Townsend remove the chain from the bicycle. Townsend testified that he had mentioned to the defendant that he (Townsend) was trying to get his cousin\u2019s bicycle because the cousin had lost the key for it.\nThe defendant contends that the State failed to adduce sufficient evidence to prove that the defendant was legally accountable for the alleged theft of the bicycle.\nA person is accountable for the conduct of another when: \u201c(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.\u201d (Ill. Rev. Stat. 1967, ch. 38, par. 5 \u2014 2(c).) Though one may aid and abet without actively participating in the offense, mere presence is not sufficient to make a person accountable for another\u2019s criminal act. People v. Bowman (1971), 132 Ill.App.2d 744, 270 N.E.2d 285.\nThe conviction must be reversed. The defendant did nothing overt to assist Townsend in removing the bicycle. Officer Brown testified that \u201call he [defendant] was doing, was standing there.\u201d\nThe State argues that the defendant must have known of Townsend\u2019s criminal activity and was acting as a \u201clookout.\u201d Presence plus knowledge that a crime was being committed, without more, are insufficient to establish accountability. (People v. Dalton (1934), 355 Ill. 312, 189 N.E. 265; People v. Washington (1970), 121 Ill.App.2d 174, 257 N.E.2d 190; People v. Ramirez (1968), 93 Ill.App.2d 404, 236 N.E. 2d 284.) Even without this rule, however, the State failed to establish defendant\u2019s knowledge of Townsend\u2019s criminal conduct.\nFor the reasons given, this court believes that the defendant\u2019s accountability for Townsend\u2019s alleged criminal offense was not proven beyond a reasonable doubt. Therefore, the conviction of the defendant, Dwight Banks, must be reversed.\nJudgment reversed.\nDIERINGER, P. J., and JOHNSON, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE ADESKO"
      }
    ],
    "attorneys": [
      "James J. Doherty, Public Defender, of Chicago (Thomas F. Finegan, Assistant Public Defender, of counsel), for appellant.",
      "Bernard Carey, State\u2019s Attorney, of Chicago (Patrick T. Driscoll, Jr., and Linda Ann Miller, Assistant State\u2019s Attorneys, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Dwight Banks, Defendant-Appellant.\n(No. 60109;\nFirst District (4th Division)\nMay 14, 1975.\nJames J. Doherty, Public Defender, of Chicago (Thomas F. Finegan, Assistant Public Defender, of counsel), for appellant.\nBernard Carey, State\u2019s Attorney, of Chicago (Patrick T. Driscoll, Jr., and Linda Ann Miller, Assistant State\u2019s Attorneys, of counsel), for the People."
  },
  "file_name": "0784-01",
  "first_page_order": 808,
  "last_page_order": 810
}