delivered the opinion of the court:
After a trial in the criminal court of Cook County before the judge sitting without a jury, Richard Zierlion was convicted of the crime of burglary. He was sentenced to imprisonment in the penitentiary for a term of not less than one nor more than four years. He brings the case to this court for review by writ of error, contending that the evidence is insufficient to prove him guilty of the crime charged.
The evidence shows that on the night of February 4, 1958, four men, namely Tony Gallas, Tom Hills, Paul Petropulos and Ronald Utterbach, entered the office-warehouse of Martin Oil Service, Inc., in Chicago. They pushed a safe belonging to the company out of a second floor window into the yard of the premises. It proved to be too heavy to move, so the four men left for help. In the meantime they had been observed by an employee of the company who came to work at about 11 ¡45 P.M. The police were notified, arrived at the scene, and waited there until about 2:15 A.M. At that time two automobiles appeared, a Cadillac and a Ford, each containing three men. The Cadillac backed up to the safe with the trunk open, whereupon the police called to the men. The men fled and the police fired shots killing one and wounding the defendant Zierlion. It further appears that after the original four men left to get assistance they met defendant and one Mike Rudis, the deceased, in a tavern; and that the six of them thereafter went to the yard of the Martin Oil Service to get the safe. There is no evidence that the defendant participated in the affair prior to being called upon to aid in moving the safe.
Defendant argues that to warrant a conviction for burglary it must be shown that the accused entered a building with intent to commit a felony, and that since the evidence fails to show such conduct on the part of defendant the present conviction cannot stand. The contention has merit. Evidence that he was guilty of assisting the burglars after the safe had been removed from the building cannot make him a principal in the crime charged. Proof that a person is an accessory after the fact is proof of an independent offense. People v. Cassler, 332 Ill. 207.
The evidence is insufficient to sustain the judgment, which is accordingly hereby reversed.
Judgment reversed.