The PEOPLE v. Peck

The question in this case is the sufficiency of an indictment for burglary which charges the unlawful entry of a specified building “with intent to commit therein a theft,” but does not name the person whose property the defendant intended to steal.

The indictment alleged that on January 16, 1963, the defendant, Michael Wayne Peck, “committed the offense of Burglary, in that he, without authority, knowingly entered into a building of Frank Sarnecki, doing business as Frank Sarnecki Eneo Service Station, with intent to commit therein a theft * * The defendant moved to quash the indictment, the…