PEOPLE v. POWELL

No. 11551.

9 Ill. App.3d 54 (1972)

291 N.E.2d 669

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. EUGENE H. POWELL, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

December 20, 1972.


Attorney(s) appearing for the Case

John F. McNichols, of Defender Project, of Springfield, (J. Daniel Stewart, of counsel,) for appellant.

Richard A. Hollis, State's Attorney, of Springfield, (D. Bradley Blodgett, Assistant State's Attorney, of counsel,) for the People.


Judgment affirmed.

Mr. JUSTICE SMITH delivered the opinion of the court:

Defendant was convicted of burglary and appeals. He asks for an outright reversal arguing that the ownership and possession allegation in the indictment was not proved. In the alternative, he requests a new trial on the basis that evidence used against him was the product of an illegal search and seizure.

We will take up the variance feature first. The indictment alleged that...

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