People v. Powell

Defendant was convicted of burglary and appeals. He asks for an outright reversal arguing that the ownership and possession allegation in the indictment was not proved. In the alternative, he requests a new trial on the basis that evidence used against him was the product of an illegal search and seizure.

We will take up the variance feature first. The indictment alleged that defendant “without authority, knowingly entered a building of the Park Pharmacy Corporation, d.b.a. [doing business as] Doctor’s Park Pharmacy.” There was evidence that the premises burglarized was known as “Doctors Park…