APPEAL from the Circuit Court of Cook County; the Hon. FRANK
J. WILSON, Judge, presiding.
MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT:
Burglary. Ill. Rev. Stat. 1969, ch. 38, par. 19-1.
After a bench trial, defendant was found guilty and sentenced to a term of 4 to 12 years.
A variance existed between the indictment and the proof at trial which was so prejudicial as to deprive defendant of due process of law.
"* * * 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 * * *."
The prosecutor and defense counsel stipulated that if Samuel Zeitlin, the owner of the burglarized premises, were in court, he would testify, in part, that "he gave no one permission to enter his premises on September 27, 1970, * * * People's Exhibit No. 1 for identification [a radio] is the property of Zeitlin Corporation, * * * that the Zeitlin Company is a corporation which is licensed to do business in Illinois * * *."
Salvatore Amico, a Chicago police officer, for the State:
On September 27, 1969, at approximately midnight, he and his partner were on patrol when they received a radio message telling them to proceed to 1755 W. 63rd Street, the location of Zeitlin's Furniture. As they arrived at the scene, the store's burglar alarm was ringing, and they observed a man standing inside the display window placing merchandise on the sidewalk outside of the window. When the man noticed the police car, he fled on foot, but the officers gave chase in the patrol car and arrested him a few minutes later in an alley a short ...