People v. Stallcup

Upon a complaint signed by the victim’s mother, defendant Gerald Stallcup was charged with the theft of $5.00 from Thomas Delaney, a mute. At the close of the State’s case in a bench trial, defendant moved for a finding in his favor which was denied, and the defense rested without presenting evidence. The court found defendant guilty and sentenced him to a term of one year at the Vandalia State Farm.

On appeal defendant contends: (1) that the complaint was defective because it failed to allege the requisite mental state by omitting the word “knowingly,” (2) that the court erred by not…