People v. Rainbolt

Defendant-appellant Michael R. Rainbolt was indicted for the theft of a truck, in violation of section 16 — 1(a)(1) of the Criminal Code of 1961 (Ill. Rev. Stat. 1975, ch. 38, par. 16—1(a)(1)). After a jury trial in the Circuit Court of Union County, he was convicted of criminal trespass to a vehicle (Ill. Rev. Stat. 1975, ch. 38, par. 21—2), and was sentenced to serve 16 weeks of periodic imprisonment.

On appeal, defendant argues that his conviction must be reversed because the theft indictment will not support a conviction of criminal trespass to a vehicle, and he was not proved guilty…