People v. Price

MR. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court.

Defendant appeals his conviction of the crime of theft of an automobile with a value of more than $150, for which he was sentenced to a term in the penitentiary of not less than four years nor more than eight years.

The defendant waived a jury and was tried by the court.

The defendant contends that his conviction is unlawful because he was convicted of a crime for which he was not indicted, and all elements of the offense were not proved beyond a reasonable doubt.

The evidence showed that on January 6, 1964, Robert Ross parked a…