People v. Tuttle

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

Defendant was indicted for the offense of armed robbery. After a bench trial he was found guilty of the lesser offense of plain robbery. He appeals and submits two contentions in seeking a reversal of his conviction.

OPINION

Defendant’s initial contention is without merit. He argues that, since he was indicted for the offense of armed robbery, a finding of guilty of plain robbery is a fatal variance. This argument was directly refuted in People v. Washington (1971), Ill.App.2d (No. 54292).

“An indictment for a particular offense…