In all cases where property is involved in a criminal cause, such as larceny and the like, the name of the owner or owners must be averred in the indictment; if owned by several persons composing a private firm, the names of all the members of the firm must be stated; if owned by a corporation, the legal name of the corporation must be set out; if the property is an estate of some deceased person, the executor or administrator is the owner.47

An indictment alleging that the property in question was owned by the American Merchants Express Company is not sufficient, in that it fails to state whether that company was or is a corporation.48

46 Weideman vs. People, 92 111., 314; Jackson vs. People, 18 111., 269; Bobel vs. People, 173 111., 26; Hughes' Cr. Law, Sec. 2726; 2 McClain Cr. Law, Sec. 1262; Smith vs. State (Tex. Cr.), 49 S. W., 373; Zeizer vs. State, 47 Ind., 129.

47 Staaden vs. People, 82 Ill., 434

(several persons not incorporated); Wallace vs. People, 63 Ill., 452; McCowan vs. State, 58 Ark., 17.

48 Wallace vs. People, 63 Ill., 452.

The owner of property involved in a criminal cause may be the actual or general owner, or the special owner. For example, if the property was stolen from a common carrier which had charge of it for the actual owner, the indictment may allege the ownership to be in the common carrier, or in the general or actual owner, or in each in different counts; that is, in one count aver that the common carrier is the owner and in another count state the ownership to be in the actual owner.49

In burglary the ownership of the premises may be laid in the occupant or tenant.50 A tenant occupying premises is the owner thereof within the meaning of the criminal law.51