People v. Smith

The defendant pleaded guilty to an indictment charging burglary in the Circuit Court of Washington County and was sentenced to the penitentiary for a term of not less than one nor more than two years. The sole issue in this appeal is the sufficiency of the indictment.

The indictment charged that defendant, “* * * committed the offense of burglary, when he, without authority, knowingly entered a building # * * with intent to commit therein a felony or theft, in violation of Ill. Rev. Stat. 1971, ch. 38, par. 19 — 1.”

Defendant contends that the indictment is fatally defective in that it employed…