People v. Tucker

Charles Tucker, also known as Tom Kincaid, appeals from a judgment of the circuit court finding him guilty of the offense of theft, in violation of section 16 — 1 of the Criminal Code, and sentencing him to a term of 30 days in the County Jail, considered served. (Ill. Rev. Stat. 1973, ch. 38, par. 16 — 1.) He contends that the State failed to prove his guilt as charged in the complaint since a fatal variance exists between the allegation of ownership of the subject property in the complaint and the proof of ownership adduced at the trial.

The complaint in this case was executed by, and named…