People v. Dickerson
| Decision Date | 17 November 1975 |
| Docket Number | No. 47077,47077 |
| Parties | The PEOPLE of the State of Illinois, Appellant, v. Tom DICKERSON, Appellee. |
| Court | Illinois Supreme Court |
William J. Scott, Atty. Gen., Springfield, and Philip G. Reinhard, State's Atty., Rockford , for the People.
Welsh, Holmstrom, Hyzer, Jacobson & Worden, Rockford (Keith Hyzer and Curtis D. Worden, Rockford, of counsel), for appellee.
Defendant was convicted of theft in the circuit court of Winnebago County. The appellate court reversed without remand on the ground that the indictment failed to charge an offense and was void. In a supplemental opinion after rehearing, the appellate court adhered to its original decision. (21 Ill.App.3d 977, 316 N.E.2d 519.) We granted leave to appeal.
The statute in question (Ill.Rev.Stat.1971, ch. 38, par. 16--1) reads:
'A person commits theft when He knowingly:
(d) Obtains control over stolen property knowing the property to have been stolen by another or Under such circumstances as would reasonably induce him to believe that the property was stolen, and * * *.' (Emphasis added.)
The indictment under which defendant was charged stated:
'That on the 14th day of October, 1971, in the County of Winnebago and State of Illinois, one TOM DICKERSON committed the offense of Theft, in that he knowingly obtained control over stolen property; * * * under such circumstances that would reasonably induce him to believe that the property was stolen and thereby intending to deprive the said Arctic Enterprises, Inc., * * * permanently of the use or benefit of said property, in violation of Paragraph 16--1(d), Chapter 38, Illinois Revised Stats.'
It should be noted that the indictment contained only the italicized portion of the statute set out above and did not specifically allege that the property had been stolen 'by another.' The issue is whether the omission of the words 'by another' makes the indictment fatally defective for failing to allege all the elements of an offense. We find that it does not and consequently we reverse the appellate court.
The legislature has required that a 'charge shall * * * allege the commission of an offense by: * * * setting forth the nature and elements of the offense charged; * * *.' (Ill.Rev.Stat.1971, ch. 38, par. 111--3(a)(3).) Further, the charge must state 'specifically the elements of the offense with sufficient particularity to apprise accused of the crime charged and to enable him to prepare his defense and permit a conviction or acquittal to be pleaded in bar of a subsequent prosecution for the same offense, * * *.' People v. Grieco (1970), 44 Ill.2d 407, 409, 255 N.E.2d 897, 898, citing 42 C.J.S. Indictments and Informations, § 100, pp. 979--980.
In People v. Patrick (1967), 38 Ill.2d 255, 258, 230 N.E.2d 843, 845, this court held that:
'An indictment which charges an offense in the language of the statute is deemed sufficient when the words of the statute so far particularize the offense that by their use alone an accused is apprised with reasonable certainty of the precise offense with...
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