History
  • No items yet
midpage
People v. McCaughan
3 Ill. App. 3d 720
Ill. App. Ct.
1971
Check Treatment
PER CURIAM:

Defendant appeals from a judgment entered on his plea of guilty to a charge of aggravated assault. He contends that the information was fatally defective because it did not allege that defendant acted “without legal authority.” The statutory definition of aggravated assault (Ill. Rev. Stat. 1969, ch. 38, par. 12 — 2) must be read together with that of assault (Ill. Rev. Stat. 1969, ch. 38, par. 12 — 1). (People v. Whelan (Ill.App.2d), 267 N.E.2d 364.) Since “without legal authority” is an essential element of assault as so defined, an information charging aggravated assault must include such an allegation to fulfill the requirements of Ill. Rev. Stat. 1969, ch. 38, par. 111 — 3(a) (3). (People v. Whelan, supra.) It is unnecessary to consider defendant’s other contentions.

Judgment reversed.

Case Details

Case Name: People v. McCaughan
Court Name: Appellate Court of Illinois
Date Published: Dec 30, 1971
Citation: 3 Ill. App. 3d 720
Docket Number: No. 71—9
Court Abbreviation: Ill. App. Ct.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.