153 N.E. 704 | Ill. | 1926
An indictment, consisting of a single count, and charging that Lloyd Fathers, a male person of the age of seventeen years and upwards, on September 2, 1925, unlawfully, willfully and feloniously made an assault upon Ilea Slade, a female person under the age of sixteen years, with the intent to ravish and carnally know her, was returned in the circuit court of Vermilion county. A motion to quash the indictment was made and overruled. Trial by jury followed and resulted in a verdict of guilty. Motions for a new trial and in arrest of judgment were made and overruled and Fathers was sentenced to the penitentiary. He prosecutes this writ of error for a review of the record.
Plaintiff in error contends (1) that the indictment is defective for the reason that it fails to allege that Ilea Slade was not his wife and that the trial court should have sustained the motion to quash the indictment; and (2) that the verdict is not justified by the evidence.
In a prosecution for an assault with an intent to commit rape, the specific intent charged is the gist of the offense. (People v. Makovicki,
Since the indictment is fatally defective it is unnecessary to consider the second contention of the plaintiff in error.
The judgment of the circuit court is reversed.
Judgment reversed.
