People v. McCaughan

Appellate Court of Illinois

People v. McCaughan

279 N.E.2d 139, 3 Ill. App. 3d 720, 1971 Ill. App. LEXIS 1220

CourtAppellate Court of Illinois

DecidedDecember 30, 1971

DocketNo. 71—9

StatusPublished

Cited by2 cases

This text of 279 N.E.2d 139 (People v. McCaughan) 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. McCaughan, 279 N.E.2d 139, 3 Ill. App. 3d 720, 1971 Ill. App. LEXIS 1220 (Ill. Ct. App. 1971).

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Opinion

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.

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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.

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Bluebook (online)

279 N.E.2d 139, 3 Ill. App. 3d 720, 1971 Ill. App. LEXIS 1220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccaughan-illappct-1971.

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