Moore v. People

Citations

• 150 Ill. 405
• 37 N.E. 909
• 1894 Ill. LEXIS 1623

Syllabus

<p>1. Criminal law — proof of the venue. Without proof that the offense was committed in the county alleged in the indictment, a judgment of conviction will be reversed.</p> <p>2. Where an indictment charges the commission of a rape in Madison county, proof that it was committed in Upper Alton, without showing in what county or State Upper Alton is situated, is not sufficient to warrant a conviction.</p> <p>3. In a criminal prosecution it devolves upon the People to prove every material allegation of the indictment, and the charge that the crime was committed in a partieul ar county is a material averment, and unless proved, no conviction can be had.</p>