Appeal from the Circuit Court of the Nineteenth Judicial
Circuit of Lake County; the Hon. EUGENE T. DALY, Judge,
presiding. Judgment affirmed.
JUDGE ABRAHAMSON DELIVERED THE OPINION OF THE COURT.
A complaint was filed in the Circuit Court of the Nineteenth Judicial Circuit, Lake County, charging the defendant, and appellant herein, Dean J. Deakyne, with a violation of section 22.01 of the Uniform Act Regulating Traffic (Ill Rev Stats, c 95 1/2, § 119.1 (1965)). Deakyne entered a plea of not guilty, waived his right to a trial by jury, and the matter proceeded to trial on May 31, 1966. At the conclusion of the evidence, the court found the defendant guilty as charged.
Defendant filed a motion in arrest of judgment and a petition for probation. The motion attacked the sufficiency of the complaint on the grounds that the complaint failed to charge the defendant with an offense and failed to set forth any facts either in the language of the statute or otherwise that would adequately inform the defendant of the nature and elements of the offense of which he was accused in violation of section 111-3 (a)(3) of the Criminal Code (Ill Rev Stats 1965, c 38, par 111-3(a)).
On June 23, 1966, the court entered an order that denied both the motion and petition and sentenced the defendant to 15 days in the Lake County jail and imposed a fine of $100 and $5 costs. It is from that portion of the order that denied the motion in arrest of judgment that this appeal is prosecuted.
The form of complaint used in this case was the Illinois Uniform Traffic Ticket and Complaint adopted by the Department of Public Safety Division of State Highway Police in 1964. The complaint charged that "on the 9th day of April, 1966, at 4:07 A.M." the defendant did unlawfully operate a 1965 2-door Pontiac, license number PF 2372 (1966) on Half Day at Skokie Highway in Deerfield Township and Lake County in that he was "Eluding a Police Officer" in violation of section 22.01 of the Uniform Act Regulating Traffic.
Section 111-3(a) of the Criminal Code provides as follows:
"(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 provision alleged to have been violated;
"(3) Setting forth the nature and elements of the offense charged;
"(4) Stating the date and county of the offense as definitely as can be done; and
"(5) Stating the name of the accused, if known, and if not known, designate the accused by any name or description by which he can be identified with reasonable certainty."
It is obvious that the complaint against Deakyne contained the elements enumerated in subparagraphs (1), (2), (4), and (5). The defendant would have us conclude, however, that the statement "Eluding a Police Officer" is not ...