People v. Matthews

Defendant, Richard S. Matthews, and a codefendant were found guilty of the crime of Attempt Theft in an amount less than $150, and Possession of Burglary Tools.

This defendant appeals, urging that the indictment charging Possession of Burglary Tools fails to allege the requisite mental state, and also that the mechanic’s type tools in question do not fall within the category of burglary tools as intended by the legislature.

The indictment charged:

“. . . that on or about the 19th day of September, A. D., 1968, at and within DuPage County, Illinois, (KENNETH R. TUCKER and) RICHARD S. MATTHEWS…