United States of America Ex Rel. Barney P. Bennett v. People of the State of Illinois

Plaintiff Seeks a declaratory judgment that the indictment under which he was convicted in an Illinois state court is null and void.

Plaintiff contends the indictment is predicated upon burglary and larceny, but that the chattel taken was a traveling bag having a value of $25.

Plaintiff was permitted to proceed in forma pauperis. Although plaintiff has no right to proceed under the Federal Declaratory Judgment Act, we suggest that the essence of the crime of burglary in Illinois is the breaking and entering with felonious intent. People v. Stanton, 16 Ill.2d 459, 158 N.E.2d 47. The value of the…