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People v. Allen

237 Ill. App. 3d 489 (Ill. App. Ct. 1992)
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People v. Allen

1 Citing case

  1. Lemons v. O'Sullivan

    54 F.3d 357 (7th Cir. 1995)   Cited 147 times   1 Legal Analyses
    Holding that the prosecutor's inclusion of the statutory definition of sexual conduct in closing arguments was not a constructive amendment of the indictment even though said definition did not appear in the indictment, but merely benign supplemental verbiage because defendant had fair notice of what was being charged against him

    Lemons argues that this court is bound by People v. Edwards, 195 Ill.App.3d 454, 142 Ill. Dec. 8, 552 N.E.2d 358 (1990), holding that an indictment that does not include language that "the conduct was committed with the purpose of sexual arousal or gratification" is facially defective. See also People v. Allen, 237 Ill.App.3d 489, 178 Ill.Dec. 473, 604 N.E.2d 996 (1992) (Stouder, J., dissenting). But see People v. Hubbard, 264 Ill.App.3d 188, 201 Ill.Dec. 663, 636 N.E.2d 1095 (1994) (indictment including the term "sexual conduct" sufficient to inform defendant with reasonable certainty of charges against him); People v. Balle, 234 Ill.App.3d 804, 176 Ill.Dec. 90, 601 N.E.2d 788 (1992) (same); People v. Allensworth, 235 Ill. App.3d 185, 175 Ill.Dec. 739, 600 N.E.2d 1197 (1992) (same).