People v. Lee

Appellate Court of Illinois

People v. Lee

185 Ill. App. 452

CourtAppellate Court of Illinois

DecidedMarch 11, 1914

DocketGen. No. 19,684

StatusPublished

Cited by1 cases

This text of 185 Ill. App. 452 (People v. Lee) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Lee, 185 Ill. App. 452 (Ill. Ct. App. 1914).

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Opinion

Mr. Justice Duncan

delivered the opinion of the court.

4. Indictment and information, § 20*—verification of amended information. Where an information is amended in court, it must be reverified by the prosecuting witness, and a new affidavit and jurat in due form should be appended and subscribed by the prosecuting witness and the officer in the same manner as originally. 5. Criminal law, § 497*—presumption as to amendment of information. It cannot be presumed that an information was amended from a showing that leave to amend was granted. 6. Criminal law, § 372*—what constitutes judgment. The announcement of the court or the judge’s minutes are no part of the judgment proper, and cannot be so considered; they merely serve as indicators for the correct recording of the judgment and sentence in the record by the clerk.

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Mr. Justice Duncan

delivered the opinion of the court.

4. Indictment and information, § 20*—verification of amended information. Where an information is amended in court, it must be reverified by the prosecuting witness, and a new affidavit and jurat in due form should be appended and subscribed by the prosecuting witness and the officer in the same manner as originally. 5. Criminal law, § 497*—presumption as to amendment of information. It cannot be presumed that an information was amended from a showing that leave to amend was granted. 6. Criminal law, § 372*—what constitutes judgment. The announcement of the court or the judge’s minutes are no part of the judgment proper, and cannot be so considered; they merely serve as indicators for the correct recording of the judgment and sentence in the record by the clerk.

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185 Ill. App. 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lee-illappct-1914.

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