Appeal from the Circuit Court of Adams County; the Hon. JOHN
T. REARDON, Judge, presiding. Reversed.
The Defendant, Junior Lee Blanchett, having waived indictment and trial by jury, was convicted and found guilty by the Circuit Court of Adams County on an information charging him with armed robbery. The motion in arrest of judgment by the Defendant was overruled and the Defendant was sentenced to the State Penitentiary for a period of not less than two nor more than five years. This is an appeal from that judgment.
The Defendant contends that the information is lacking in substantial allegations required by sec 111-3 of ch 38, Ill Rev Stats 1963, and further that the evidence does not prove him guilty beyond a reasonable doubt. Both of these contentions were set forth in the Defendant's motion in arrest of judgment.
A consideration of the first contention by the Defendant does not necessitate a recitation of the facts nor a weighing of the evidence. The information, so far as here applicable, charged that on January 15, 1964, Junior Lee Blanchett "at and within the County of Adams, in the State of Illinois, did commit armed robbery."
Sec 111-3 of ch 38, Ill Rev Stats 1963, provides in part:
"(a) A charge shall be in writing and allege the commission of an offense by:
(1) Stating the name of the offense;
(2) Citing the statutory provisions alleged to have been violated;
(3) Setting forth the nature and elements of the offense charged;
(4) Stating the time and place of the offense as definitely as can be done; and
(5) Stating the name of the accused . . ."
The issue in this case, simply stated, is whether the quoted language of the information complies with the statutory requirement set forth at No. (4) above.
The case of People v. Williams, 30 Ill.2d 125, 196 N.E.2d 483, considered the sufficiency of an indictment wherein the Defendant allegedly attempted to break and enter a building in Cook County described in the indictment as ". . . `a certain building, to wit: factory of Jacob Vondracek there situate' . . ." The Court held the indictment was insufficient to define the nature and cause of the accusation under the provisions of Sec 9, art II of the Illinois Constitution. In reaching the conclusion there stated, the Court took judicial notice of the metropolitan and industrial character of Cook County.
The question here, however, is not the sufficiency of this information under the provisions of the constitution considered in the Williams case. That constitutional provision has as its purpose the giving of information to the Defendant so that he will know the nature of the accusation against him and will be able to fully prepare his ...