People v. Geary

The defendant, Steven Geary, along with Michael Vick, was charged with attempt theft in violation of section 8 — 4 of the Criminal Code. (Ill. Rev. Stat. 1971, ch. 38, par. 8 — 4.) After a bench trial, the defendant, Steven Geary, was found guilty and placed on one year’s probation with the first ninety days to be served in the House of Correction.

On appeal Geary contends that the complaint is fatally defective because (1) it fails to allege the requisite mental state, (2) it did not allege that the attempted taking was “unauthorized” and (3) that his jury waiver was invalid because he was…