Wade

The court found appellant Samuel Wade (hereafter defendant) guilty of second degree burglary, found that he had suffered a prior felony conviction and sentenced him to prison. Wesley Wade, also charged with the same offense, was found not guilty. In this appeal from the judgment, defendant maintains that his conviction is not supported by the evidence and that it is the product of an illegal arrest.

Viewing the evidence in the light most favorable to the People (as it must be viewed), the following facts appear: On the night of May 17-18, 1966, the warehouse door of the Record Merchandising Company was pried open and approximately 14 cartons of records were taken. Albert Knutson resides in an apartment located directly over the warehouse. At about 1 a.m. on May 18, he heard the sound of the warehouse door squeaking. He looked out of his window and saw a male Negro of medium build come out of the warehouse carrying two cartons. The man walked across the street to a light-colored automobile which was in the process of parking. Knutson was unable to see who was driving the car. He went to the phone and called the police. When he returned to the window the car and the man he had…