People v. Smith

Terry Smith was convicted in a non-jury trial of battery and criminal damage to property and was placed on probation for 1 year on each charge, the periods of probation to run concurrently.

In this appeal his sole contention is that he was not proved guilty of criminal damage to property because of a fatal discrepancy between the complaint and the evidence.

Smith was accused of breaking a window in a restaurant on January 7, 1972. On that date Chris Tambakos was working behind the counter of Dons Grill at 4803 Armitage Avenue, Chicago. Sometime during the day the defendant walked in. A day or…