Defendants, Leslie Charles Whittaker and Joseph Everett Phipps, were charged under separate indictments with burglary and
theft of property having a value in excess of $150. The cases were consolidated and tried by a jury. Both defendants were
found guilty and sentenced to identical terms in the penitentiary of from 15 to 30 years for burglary, but no sentence was
imposed on the theft charge. They prosecute this consolidated appeal claiming a fatal variance between the allegations of
the indictment and the proof at trial; that the proof regarding the value of the stolen property was faulty, and that the
court ruled erroneously on the admission of certain instructions. It was adduced at trial that at about 3:15 A.M., on November 20, 1966, Officer William Martin of the East Peoria Police Department,
while patrolling, observed a 1956 Chevrolet station wagon travelling at an excessive rate of speed. He curbed the automobile
and at about that time two additional officers arrived at the scene. Approaching the vehicle, the officers observed, in plain
view, cartons bearing the legend "Atlas Juicer, Juicemaster Manufacturing Company"; a crowbar; several flashlights; gloves;
a sledgehammer; acetylene cutting torches; axes; a cardboard box partially filled with various packages of cigarettes and
candy bars; and the barrel of a rifle protruding from the front seat. In addition, the police found in the vehicle an I.B.M.
electric typewriter, a transistor radio, a Friden calculator, three pistols, numerous rounds of ammunition and a grey steel
cash box containing $48 in cash and a roll of coins bearing a wrapper from "Creve Coeur Manufacturing Company."
