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THE PEOPLE v. PECK

No. 37882.

29 Ill.2d 480 (1963)

194 N.E.2d 245

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff in Error, v. MICHAEL WAYNE PECK, Defendant in Error.

Supreme Court of Illinois.

Opinion filed November 26, 1963.

Attorney(s) appearing for the Case

WILLIAM G. CLARK, Attorney General, of Springfield, and ROBERT J. WAALER, State's Attorney, of Urbana, (FRED G. LEACH and E. MICHAEL O'BRIEN, Assistant Attorneys General, and ANDREW STECYK, Assistant State's Attorney, of counsel,) for the People.

SUMMERS, WATSON AND KIMPEL, of Champaign, for defendant in error.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

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...

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