People v. Palmer

Burglary. Ill. Rev. Stat. 1969, ch. 38, par. 19 — 1.

Judgment

After a bench trial, defendant was found guilty and sentenced to a term of 4 to 12 years.

Issue Raised on Appeal

A variance existed between the indictment and the proof at trial which was so prejudicial as to deprive defendant of due process of law. Indictment

“* * * Defendant committed the offense of burglary in that he, without authority, knowingly entered into a building, to wit: store of S. Zeitlin & Sons, Inc., a corporation, with the intent to commit the crime of theft therein * *

Evidence

Stipulation:

The prosecutor and defense…