plea of judgment bar in Illinois

1988The indictment, phrased in the statutory language, alleged that defendant “with the intent to commit the offense of rape, attempted to compel one Adrian Allen, a female not the wife of said Johnnie Lee Evans to submit to an act of sexual intercourse, by force and against her will.” We have previously held that an indictment stated in virtually identical language sufficiently alleged the elements of the crime of attempted rape “to enable defendant to prepare his defense and sustain a plea of judgment in bar of any further prosecution for the same offense.” (People v. Bonner (1967), 37 Ill. 2d 5

1976(People v. Bonner, 37 Ill. 2d 553 , 229 N.E.2d 527 .) Not every omission from the allegations of an indictment will prevent it from having the specificity which will enable a defendant to prepare his defense.

1971People v. Mills, 40 Ill.2d 4 , 11 — 12; People v. Patrick, 38 Ill.2d 255, 258 ; People v. Bonner, 37 Ill.2d 553, 562 ; People v. Blanchett, 33 Ill.2d 527,532 .” The defendant was made aware of the specific acts constituting the charge against him and the date and the place the offense was alleged to have been committed.

1969People v. Mills, 40 Ill.2d 4, 11-12 ; People v. Patrick, 38 Ill.2d 255, 258 ; People v. Bonner, 37 Ill.2d 553, 562 ; People v. Blanchett, 33 Ill.2d 527, 532 .

1971People v. Mills, 40 Ill.2d 4 , 11 — 12; People v. Patrick, 38 Ill.2d 255, 258 ; People v. Bonner, 37 Ill.2d 553, 562 ; People v. Blanchett, 33 Ill.2d 527,532 .” The defendant was made aware of the specific acts constituting the charge against him and the date and the place the offense was alleged to have been committed.

1969People v. Mills, 40 Ill.2d 4, 11-12 ; People v. Patrick, 38 Ill.2d 255, 258 ; People v. Bonner, 37 Ill.2d 553, 562 ; People v. Blanchett, 33 Ill.2d 527, 532 .

1971People v. Mills, 40 Ill.2d 4 , 11 — 12; People v. Patrick, 38 Ill.2d 255, 258 ; People v. Bonner, 37 Ill.2d 553, 562 ; People v. Blanchett, 33 Ill.2d 527,532 .” The defendant was made aware of the specific acts constituting the charge against him and the date and the place the offense was alleged to have been committed.

1969People v. Mills, 40 Ill.2d 4, 11-12 ; People v. Patrick, 38 Ill.2d 255, 258 ; People v. Bonner, 37 Ill.2d 553, 562 ; People v. Blanchett, 33 Ill.2d 527, 532 .

1988The indictment, phrased in the statutory language, alleged that defendant “with the intent to commit the offense of rape, attempted to compel one Adrian Allen, a female not the wife of said Johnnie Lee Evans to submit to an act of sexual intercourse, by force and against her will.” We have previously held that an indictment stated in virtually identical language sufficiently alleged the elements of the crime of attempted rape “to enable defendant to prepare his defense and sustain a plea of judgment in bar of any further prosecution for the same offense.” (People v. Bonner (1967), 37 Ill. 2d 5

1982App.3d 338, 341 .) An indictment that enables a defendant to prepare his defense and sustain a plea of judgment in bar of any further prosecution for the same offense is sufficient to charge a crime. ( People v. DePratto (1976), 36 Ill.

1982(People v. DePratto (1976), 36 Ill.

1976(See United States v. Kahn (7th Cir. 1967), 381 F. 2d 824, 829 .) An indictment that enables a defendant to prepare his defense and sustain a plea of judgment in bar of any further prosecution for the same offense is sufficient to charge a crime.

1974In People v. Dzielski (1970), 130 Ill.App.2d 581, 584 , which holds in a forgery case that as long as the indictment “explicitly identifies and describes the instrument” it is not necessary to set it out exactly, we said: “In order to confer jurisdiction upon the court, an indictment must be sufficient to enable the defendant to prepare his defense, and to sustain a plea of judgment in bar to any further prosecution for the same offense. [Citations.] If the indictment is not sufficient to charge an offense, a judgment of conviction may not be upheld even though on a plea of guilty; and such de

1971Miller v. Pate, 42 Ill.2d 283 , at 285 the court said: “The tests respecting the sufficiency of an indictment, repeatedly enunciated in the case law, are whether it would enable defendant to prepare his defense and whether it would sustain a plea of judgment in bar of any further prosecution for the same offense.” In People v. Vysther, 49 Ill.App.2d 223 , the court said at page 226: “* * * there is no requirement that the exact statutory language be set forth in an information, but only that an ‘information charging an offense defined by statute should be as descriptive of the offense as is th

1971People v. Whittles, 93 Ill.App.2d 419 .

1971Miller v. Pate, 42 Ill.2d 283 , at 285 the court said: “The tests respecting the sufficiency of an indictment, repeatedly enunciated in the case law, are whether it would enable defendant to prepare his defense and whether it would sustain a plea of judgment in bar of any further prosecution for the same offense.” In People v. Vysther, 49 Ill.App.2d 223 , the court said at page 226: “* * * there is no requirement that the exact statutory language be set forth in an information, but only that an ‘information charging an offense defined by statute should be as descriptive of the offense as is th

1971Miller v. Pate, 42 Ill.2d 283 , at 285 the court said: “The tests respecting the sufficiency of an indictment, repeatedly enunciated in the case law, are whether it would enable defendant to prepare his defense and whether it would sustain a plea of judgment in bar of any further prosecution for the same offense.” In People v. Vysther, 49 Ill.App.2d 223 , the court said at page 226: “* * * there is no requirement that the exact statutory language be set forth in an information, but only that an ‘information charging an offense defined by statute should be as descriptive of the offense as is th

1968People v. Martin, 62 Ill App2d 97, 210 NE2d 587 .