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People v. Williams

APRIL 12, 1966.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

JAMES WILLIAMS, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. SAUL A. EPTON, Judge, presiding. Judgment affirmed.

MR. PRESIDING JUSTICE BRYANT DELIVERED THE OPINION OF THE COURT.

Rehearing denied June 9, 1966.

This is an appeal from a finding and judgment entered in the Circuit Court of Cook County, January 7, 1965, wherein the appellant was found guilty of unlawful use of a weapon in violation of Ill Rev Stats 1963, c 38, § 24-1. The sole point raised in this appeal is that the complaint was defective in that venue was not alleged. The complaint is as follows:

JOSEPH J. McDONOUGH, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

STATE OF ILLINOIS | > ss COUNTY OF COOK | THE CIRCUIT COURT OF COOK COUNTY NO.

COMPLAINT

GENE MOTYKA, complainant, now appears before The Circuit Court of Cook County and in the name and by the authority of the People of the State of Illinois states that JAMES WILLIAMS has, on or about Jan 6, 1965 at 900 S. Winchester committed the offense of UNLAWFUL USE OF WEAPONS in that he carried a dangerous knife concealed in his boot with the intent to use said knife unlawfully against another, in violation of Chapter 38 Section 24-1A2 ILLINOIS REVISED STATUTE AND AGAINST THE PEACE AND DIGNITY OF THE PEOPLE OF THE STATE OF ILLINOIS.

(s) Gene Motyka (Complainant)

STATE OF ILLINOIS | > ss COUNTY OF COOK |

GENE MOTYKA

being duly sworn, on his oath, deposes and says that he has read the foregoing complaint by him subscribed and that the same is true.

(s) Gene Motyka

(The underlined [italicized] portions are those portions which were filled in on the complaint form.)

The appellant's objection is that the complaint does not state "the county or district in which the offense is alleged to have been committed." Article 2, sec 9, Ill Constitution. The place of the offense is alleged as 900 S. Winchester rather than Cook County. It has not been argued at any point during this appeal that the offense did not take place in Cook County, the only point made being that the appellant had a Constitutional right to have the complaint allege Cook County. It is argued that the fact the words Cook County appear on the form cannot cure the defect because a caption cannot be used as part of the complaint. The case is brought to us on the common law record; we do not have a transcript of the proceedings at the trial. Nothing appears in ...


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