People v. Stephenson

Defendant was convicted, after bench trial, of burglary and possession of burglary tools. Charging instrument was sufficient, even though name of owner of warehouse from which tools were stolen was not correctly named. Ownership of premises burglarized was not material to indictment, as identity of property owner is not a necessary element of offense of burglary, and as variance did not prejudice preparation of defense. Defendant did not show any risk of double jeopardy. (CUNNINGHAM and HARRIS, concurring.)