The People v. Burnett

Joseph Burnett and James Joseph O’Brien, plaintiffs in error, were convicted in the circuit court of Madison county of the crime of burglary and were sentenced to the penitentiary. A number of errors are assigned, but only two have been argued in this court and the others will be deemed to have been waived.

The first point urged is that there is a fatal variance between the allegations of the indictment as to the ownership of the building burglarized and the proof. The count on which the conviction is founded contains an allegation the substance of which is that defendants on August 6, 1945,…