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People v. Chavez

Appellate Court of Illinois, First District
Oct 25, 1943
320 Ill. App. 358 (Ill. App. Ct. 1943)

Opinion

Gen. No. 42,564. (Abstract of Decision.)

Opinion filed October 25, 1943

CRIMINAL PROCEDURE, § 92waiver of defect in information by failure to object in trial court. Where information charging defendant with malicious assault with deadly weapon was on printed blank form which charged defendant on "to wit, on the _____ day of __________ A. D. 193_," and blank spaces were filled by writing "20" and "Oct.," and after figures "193" were typewritten figures "42," contention of defendant that this charged offense to have occurred on 20th of October, 19342, which was wrong or impossible year, and therefore that information was insufficient to sustain conviction, was without merit, and where no objection was made by defendant to information in trial court, such defect, if any, was waived.

See Callaghan's Illinois Digest, same topic and section number.

Error to the Criminal Court of Cook county; the Hon. JOHN V. McCORMICK, Judge, presiding.

Judgment affirmed. Heard in the first division, first district, this court at the April term, 1943.

W.G. Anderson, for plaintiff in error;

Francis J. Callahan, of counsel;

Thomas J. Courtney, State's Attorney, for defendant in error;

Edward E. Wilson, John T. Gallagher, Melvin S. Rembe and Joseph A. Pope, Assistant State's Attorneys, of counsel.


Not to be published in full. Opinion filed October 25, 1943.


Summaries of

People v. Chavez

Appellate Court of Illinois, First District
Oct 25, 1943
320 Ill. App. 358 (Ill. App. Ct. 1943)
Case details for

People v. Chavez

Case Details

Full title:People of the State of Illinois, Defendant in Error, v. Francisco Chavez…

Court:Appellate Court of Illinois, First District

Date published: Oct 25, 1943

Citations

320 Ill. App. 358 (Ill. App. Ct. 1943)
51 N.E.2d 73

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