"* * * [O]n September 14, 1982, Dan Shelby, Junior, a male person of the age of fourteen years and uowards [ sic] committed the offense of attempt in that he, with the intent to commit the offense of rape, attempted to compel one [name omitted], a female not the wife of said Dan Shelby, Junior, to submit to an act of sexual intercourse, by force and against her will." To uphold the sufficiency of this information, the State argues that our decision in People v. Testa (1983), 114 Ill. App.3d 695, 449 N.E.2d 164, involving an identical charging information, is dispositive of the issue. We agree.
Section 111-3(a) requires that the charging instrument be in writing, stating the name of the offense and the relevant statutory provisions violated; setting forth the nature and elements of the offense and the date and county in which the offense occurred and naming the accused if known or a reasonably certain description. ( People v. Testa (1983), 114 Ill. App.3d 695, 698, 449 N.E.2d 164.) Generally, a charging instrument setting forth the offense in the language of the statute "`is deemed sufficient when the words of the statute so far particularize the offense that by their use alone an accused is apprised with reasonable certainty of the precise offense with which he or she is charged.'" People v. Testa (1983), 114 Ill. App.3d 695, 698, quoting People v. Dickerson (1975), 61 Ill.2d 580, 582, 338 N.E.2d 184.
ufficiency of a charging instrument which has been challenged by a motion in arrest of judgment (Ill. Rev. Stat. 1985, ch. 38, par. 116-2), the court must determine whether the complaint or information comports with the statutory requirements that the charge be in writing and that it state the name of the offense, the statutory provision alleged to have been violated, and the nature and elements of the offense pursuant to the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1985, ch. 38, pars. 111-3(a)(1), (a)(2), (a)(3); People v. Easter (1981), 102 Ill. App.3d 974, 977, 430 N.E.2d 612). Where the sufficiency of a charge is attacked by a motion in arrest of judgment, the standard for determining whether the information is deficient is whether the elements of the offense as outlined in the statute are set out in the information. If so, the information is sufficient to allow defendant to prepare her defense and to serve as a bar to future prosecution arising from the same conduct. ( People v. Testa (1983), 114 Ill. App.3d 695, 700, 449 N.E.2d 164.) To determine whether these standards have been met, reference must be made to the plain and ordinary meaning of the words of the charging instrument as read and interpreted by a reasonable person.
This is not a case of newly discovered evidence. Nor can it be said that this is a case of trial tactics as was seen in People v. Testa (1983), 114 Ill. App.3d 695, 449 N.E.2d 164. In that case counsel argued at the sentencing hearing that he had not introduced insanity during the trial as a matter of trial strategy, but the appellate court found no basis upon which to allow an alteration of the prior finding of guilty to guilty but mentally ill.
The proper standard in reviewing a charging document is whether it fulfills the requirements of section 111-3(a) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1981, ch. 38, par. 111-3(a)). ( People v. Lutz (1978), 73 Ill.2d 204, 383 N.E.2d 171; People v. Testa (1983), 114 Ill. App.3d 695, 449 N.E.2d 164.) Section 111-3(a) in pertinent part states:
A court of review is not required to throw away common sense when the record clearly demonstrates that the trial court's finding of guilt is supported by the evidence beyond any reasonable doubt. ( People v. Testa (1983), 114 Ill. App.3d 695, 701, 449 N.E.2d 164.) Even though defendant also attempted to perform an act of deviate sexual assault, it is apparent that defendant was prevented from physically accomplishing his intent to rape only by complainant's resistance and by the interruption of a passing car.
However, in Mack, which did not cite Bonner, has been construed as being grounded in an anomalous factual situation and has been disapproved to the extent it conflicts with Bonner. People v. Testa (1983), 114 Ill. App.3d 695, 449 N.E.2d 164. • 6 Defendant Knight also contends that the State's evidence failed to establish any intent on his part to commit rape or any substantial step toward commission of that crime with respect to either D.M. or M.N.
The defendant's conviction for attempted rape was affirmed. In People v. Testa (1983), 114 Ill. App.3d 695, only the victim's pants were removed but the defendant's conviction for attempted rape was affirmed. • 4 Nor is the defendant's attempt to use the manner in which the complainant was forced to undress supportive of his argument that the incident was consensual.
Where the sufficiency of a charge is attacked in a motion in arrest of judgment, the standard for evaluating the charge is whether the elements of the offense are set out in the charge as required by section 111-3(a) of the Code of Procedure. (Ill. Rev. Stat. 1981, ch. 38, par. 111-3(a); People v. Simmons (1982), 93 Ill.2d 94, 99, 442 N.E.2d 891; People v. Testa (1983), 114 Ill. App.3d 695, 698, 449 N.E.2d 164.) The purpose of section 111-3 is to ensure that defendant is informed as to the nature of the offense so that he may prepare his defense and protect himself from subsequent prosecution arising from the same conduct.