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The People v. Williams

OPINION FILED MAY 18, 1967.

THE PEOPLE OF THE STATE OF ILLINOIS, APPELLEE,

v.

JAMES WILLIAMS, APPELLANT.



APPEAL from the Appellate Court for the First District; heard in that court on appeal from the Circuit Court of Cook County; the Hon. SAUL A. EPTON, Judge, presiding.

MR. JUSTICE SCHAEFER DELIVERED THE OPINION OF THE COURT:

Rehearing denied September 27, 1967.

A complaint filed in the circuit court of Cook County charged the defendant, James Williams, with the offense of unlawful use of weapons. (Ill. Rev. Stat. 1965, chap. 38, par. 24-1(a)(2).) He waived a jury trial, was tried before the court, found guilty, and sentenced to imprisonment for three months. The second division of the Appellate Court, First District, affirmed the conviction, (69 Ill. App.2d 55) thus reaching a result contrary to that which had been reached by the third division of that court in People v. Hill, 68 Ill. App.2d 369.

The defendant's sole contention is that the complaint is void because it did not allege the county in which the offense was committed. The complaint is as follows:

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

=========================================================================== STATE OF ILLINOIS | THE CIRCUIT COURT > ss. OF COOK COUNTY COUNTY OF COOK | 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.

(signed) Gene Motyka

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.

(signed) Gene Motyka"

(The italicized portions were inserted by typewriter on the ...


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