Parris v. People

Citations

• 76 Ill. 274

Syllabus

<p>1. Information—in county court—requisites of. When the statute dispensed with an indictment in the county court, and substituted an information, it was not designed to dispense with all the previous requirements of the law. The accused is still entitled to be informed of the offense with which he is charged, and not only so, but with the same certainty as is required in an indictment.</p> <p>2. Same—not sufficient to charge on belief. An information in the county court should charge the accused positively with the commission of the offense. It is not sufficient to charge that he is believed to be guilty, or that the prosecutor has reason to suspect his guilt.</p> <p>3. Same—constitutional requirements. An information for a criminal offense in the county court, like an indictment, should be carried on “in the name and by the authority of the People of the State of Illinois,” and conclude “against the peace and dignity of the same.”</p> <p>4. Malicious mischief—destruction of growing crop. The destruction of growing wheat is a trespass, but not a criminal offense. The statute makes the malicious destruction of any barrack, cock, crib, rick or stack of wheat punishable criminally. An information, therefore, which charges the destruction of a part of twelve acres of wheat, is fatally defective.</p>