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People v. Moats

DECEMBER 15, 1972.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

DANIEL H. MOATS, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Knox County; the Hon. DANIEL J. ROBERTS, Judge, presiding.

MR. JUSTICE DIXON DELIVERED THE OPINION OF THE COURT:

The defendant, Daniel H. Moats plead guilty to the charge of forgery and was sentenced to a term of 1 to 5 years by the Circuit Court of Knox County. On this appeal he contends that the information did not state an offense.

The information for Forgery charged that the defendant, on the 18th of June, 1971, in Knox County, Illinois, "did feloniously, falsely and knowingly, with intent to defraud, falsely make and forge the check of Hank & Mike Speer, Auto Mechanics, Inc., of Yates City, Illinois, drawn on the Bank of Yates City, Illinois, which he passed at Home Savings and Loan Association, Galesburg, Illinois, with intent then and there to prejudice and defraud said Bank of Yates City, Illinois, in violation of paragraph 17-3 ch. 38, Illinois Revised Statutes * * *."

As described in the information the document would appear as follows:

(Our reconstruction)

BANK OF YATES CITY, YATES CITY, ILLINOIS

Pay to the Order of _______________________________________________ $ ____

___________________________________________________________________ DOLLARS HANK & MIKE SPEER, AUTO MECHANICS, INC.

The information omits; the name of the payee and the amount; there was no "tenor description" i.e., photocopy or facsimile of the check.

Section 111-3 (a) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1969, ch. 38, par. 111-3(a)), prescribes the manner of charging an offense. It provides that the "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 * * *; (5) Stating the name of the accused * * *."

We are concerned here with only (3) above, "Setting forth the nature and elements of the offense charged."

Section 17-3 (a) of the Criminal Code (Ill. Rev. Stat. 1969, ch. 38, par. 17-3 (a)), defines the offense:

"(a) A person commits forgery when, with intent to defraud, he knowingly:

(1) Makes * * * any document apparently capable of defrauding another in such manner that it purports to have ...


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