185 N.E. 610 | Ill. | 1933
Plaintiff in error was convicted in the circuit court of Williamson county of the crime of embezzlement as treasurer of "Johnston City Relief Association, a voluntary association of individuals." He brings the cause here, assigning as error the overruling of his challenge to the grand jury and his motion to quash the indictment.
Plaintiff in error has filed no bill of exceptions. While the clerk has inserted as a part of the record a motion challenging the grand jury and motion for a new trial, these motions are not incorporated in a bill of exceptions. Such motions, and the court's rulings thereon, to present questions for review here, must be incorporated in a bill of exceptions or a stenographic report signed by the trial judge. (People v. Stevens,
As we have noted, the funds made by the indictment the subject of embezzlement are alleged to belong to the "Johnston City Relief Association, a voluntary association of individuals." It is a rule long followed in this State, that in indictments for offenses of the character here charged the name of the person or persons injured by the alleged offense must be stated in order that the defendant be later able to plead either former acquittal or former conviction. The ownership of the property is a necessary averment of the indictment. Such ownership must be stated and proved with the clarity indicated. If the owners do not comprise an incorporated body but an association, the indictment should aver that the property belonged to the persons composing the association, giving their names so far as knowns *227
to the grand jury. (People v. Smith,
The judgment of the circuit court is therefore reversed.
Judgment reversed.