{
  "id": 3275809,
  "name": "In re W. S., a Minor. - (THE PEOPLE OF THE STATE OF ILLINOIS, Petitioner-Appellee, v. W. S., Respondent-Appellant.)",
  "name_abbreviation": "People v. W. S.",
  "decision_date": "1979-07-12",
  "docket_number": "No. 78-114",
  "first_page": "1048",
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    "id": 8837,
    "name": "Illinois Appellate Court"
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  "last_updated": "2023-07-14T14:33:33.109776+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "In re W. S., a Minor. \u2014 (THE PEOPLE OF THE STATE OF ILLINOIS, Petitioner-Appellee, v. W. S., Respondent-Appellant.)"
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE CHARLES E. JONES\ndelivered the opinion of the court:\nW. S., a minor, appeals from a judgment in the circuit court of St. Clair County revoking his probation and committing him to the Department of Corrections. He raises two issues on appeal: (1) whether the evidence adduced at the juvenile adjudication based on theft of corporate property was sufficient to prove the corporate existence of the owner by a preponderance of the evidence; (2) whether the trial court erred in failing to make a determination on the record that the best interests of the minor required an adjudication of wardship.\nThe minor was declared a ward of the court following an adjudicatory hearing held on January 27,1977, and was placed on two years probation. On November 21, 1977, a petition was filed to revoke probation. The petition alleges that W. S. committed theft on November 3 by obtaining unauthorized control over \u201cthe property of Jean Nicole, a corporation doing business in St. Clair County * \u201d\nAt the hearing on the petition, a witness testified that as he was leaving the St. Clair Square Shopping Center he observed the minor and another young man walking down a hall in the shopping mall carrying coats with the tags still on the sleeves. When the two young men got outside, the witness saw them throw the coats into or behind a large \u201cdumpster\u201d garbage can. The men then ran into the Sears store. The minor was arrested shortly thereafter.\nSandra Sutter, a clerk at Jean Nicole testified that several of the coats retrieved from the \u201cdumpster\" were similar to coats sold at Jean Nicole. She stated that the tags were similar to those used at the store as well. On cross-examination she testified that she observed the minor in the store on November 3.\nKathleen Eckert testified that she was an assistant manager at Jean Nicole. She identified the minor and remembered waiting on him with respect to certain leather coats on November 3.\nDetective Dean Floyd, a juvenile officer with the Fairview Heights Police Department, read a statement he took from the minor on the day of the theft.\n\u201cQ. Were you at the St. Clair Square Mall today in Fairview Heights?\nA. Yes.\nQ. Why were you there?\nA. I was going to shoplift some leather coats.\nQ. From where did you get the leather coats?\nA. I don\u2019t know the name of the store but it didn\u2019t have anything but leather coats.\u201d\nAt the close of the State\u2019s case, the minor moved for a directed verdict on the ground that there had been a failure to prove corporate existence or ownership of the goods. The motion was denied and the trial court revoked probation.\nThe minor contends that the corporate existence of Jean Nicole was not proved by a preponderance of the evidence presented at the hearing. We agree.\nIn any prosecution for theft the State must allege and prove ownership in the property stolen in one other than the accused. (People v. Demos (1971), 3 Ill. App. 3d 284, 278 N.E.2d 89.) Where the ownership of stolen property is alleged to be in a corporation, the legal existence of the corporation is a material fact and must be proved in order to secure a successful theft prosecution. Such proof may be by a corporate charter, by a certified copy of a corporate charter or by evidence establishing a prima facie case for corporate existence. (People v. Gordon (1955), 5 Ill. 2d 91, 125 N.E.2d 73.) In the absence of evidence to the contrary, corporate existence may be shown orally by a person with knowledge of the fact. People v. DeBartolo (1975), 24 Ill. App. 3d 1000,322 N.E.2d 251.\nIn the case at bar neither a corporate charter of Jean Nicole nor a certified copy of one was introduced into evidence at the hearing. There was no oral testimony asserting the corporate existence of Jean Nicole. The State has failed to prove a material element in its case against the minor. The State relies on People v. Berland (1979), 74 Ill. 2d 286, 385 N.E.2d 649, for their assertion that the court may take judicial notice of the corporate existence of Jean Nicole. However, it is our perception that Berland is inapplicable here on its facts. The supreme court in Berland gave no indication that it was in any way departing from the standards of People v. Gordon. Absent proof of corporate existence defendant does not have protection from double jeopardy. Accordingly, the judgment revoking probation on the basis of theft must be reversed.\nThe next issue on appeal is whether the trial court erred in failing to make a determination that the interest of the minor would be best served by adjudicating him a ward of the court. This issue refers to the adjudicatory hearing held on January 27, 1977. We need not consider this issue because it is beyond the scope of the notice of appeal, which referred only to the probation revocation. Thus, the issue is not properly before this court.\nReversed.\nKUNCE and KASSERMAN, JJ., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE CHARLES E. JONES"
      }
    ],
    "attorneys": [
      "Richard J. Wilson and Donald T. McDougall, both of State Appellate Defender\u2019s Office, of Springfield, for appellant.",
      "Clyde L. Kuehn, State\u2019s Attorney, of Belleville (Raymond F. Buckley, Jr., and Curtis L. Blood, both of State\u2019s Attorneys Appellate Service Commission, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "In re W. S., a Minor. \u2014 (THE PEOPLE OF THE STATE OF ILLINOIS, Petitioner-Appellee, v. W. S., Respondent-Appellant.)\nFifth District\nNo. 78-114\nOpinion filed July 12, 1979.\nRichard J. Wilson and Donald T. McDougall, both of State Appellate Defender\u2019s Office, of Springfield, for appellant.\nClyde L. Kuehn, State\u2019s Attorney, of Belleville (Raymond F. Buckley, Jr., and Curtis L. Blood, both of State\u2019s Attorneys Appellate Service Commission, of counsel), for the People."
  },
  "file_name": "1048-01",
  "first_page_order": 1070,
  "last_page_order": 1072
}