People v. Wynn

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

This is a State appeal from the grant of defendants’ motion in arrest of judgment after they had been found guilty in a bench trial of retail theft.

It appears that the motion was allowed on the ground that the complaint failed to properly allege ownership of the merchandise involved and, on appeal, it is contended by the State that ownership is not an essential element of the offense of retail theft; or, assuming it is, that failure to specifically allege ownership here was not such a fatal variance from the proof as to render…