A person is not to be acquitted of crime simply because his motive for perpetrating it cannot be discovered. See Griffin v. State, 79 Okla. Cr. 85, 151 P.2d 812, 815-16, (1944); State v. Cor, 144 Mont. 323, 396 P.2d 86, 97 (1964); People v. Dore, 339 Ill. 415, 171 N.E. 554 (1930). Motive is a material circumstance that a jury may take into consideration in a case of circumstantial evidence.
The defendant urges finally that giving the instruction on motive, which reads: "Motive is that which prompts a person to act. The State is not required to prove a motive for the commission of the crime charged," constituted a third trial error; that it is particularly so in view of the fact that the prosecutor commented in final argument on motive, contrary to the I.P.I. Committee Note which reads: "See People v. Dore, 339 Ill. 415, 419-420, 171 N.E. 554, 556 (1930); People v. Corder, 306 Ill. 264, 267, 137 N.E. 845, 847 (1923); People v. Enright, 256 Ill. 221, 233-235, 99 N.E. 936, 941 (1912). However, in the Enright case the Illinois Supreme Court observed (256 Ill. at page 234, 99 N.E. at page 941), `If the People claim that a motive existed inducing the commission of the act it must be proved, and, like any other circumstance, cannot be inferred * * *.' Accordingly, if the People adduce evidence tending to prove a motive and the prosecutor argues the circumstance of motive to the jury, this instruction should not be given.
Proof of the precise date as alleged is unnecessary unless the allegation of a special time is an essential ingredient of the crime or the running of the period of limitation. (People v. Livermore, 390 Ill. 85; People v. Angelica, 358 Ill. 621; People v. Anderson, 342 Ill. 290; People v. Dore, 339 Ill. 415; People v. Kircher, 333 Ill. 200.) In the prosecution of a criminal offense, the date alleged in the indictment as the time of the commission of the offense may thus be shown to include any time within the period prescribed by law for the prosecution of the crime.
The moving cause for the victim's parting with his money or property and giving it to the person accused must be the confidence reposed in the latter. ( People v. Sullivan, 349 Ill. 509; People v. Epstein, 338 id. 631; People v. Fosnacht, 334 id. 351; People v. Harrington, 310 id. 613; People v. Peers, 307 id. 539; People v. Rallo, 293 id. 304). Any scheme whereby a swindler wins the confidence of his victim and cheats him out of his money by taking advantage of the confidence reposed in him is a confidence game. ( People v. Dore, 339 Ill. 415; People v. Epstein, 338 id. 631; People v. Visconte, 326 id. 496; People v. Rosenbaum, 312 id. 330; People v. Harrington, 310 id. 613; People v. Singer, 288 id. 113; People v. DePew, 237 id. 574; Juretich v. People, 223 id. 484; Maxwell v. People, 158 id. 248). The criminal character of such a scheme is not lost because it assumes the form of a lawful business transaction.
This objection is utterly without merit. This court has frequently held that while every indictment must bear date within the time fixed by law for its prosecution, yet, unless the allegation of a specified time is an essential ingredient of the offense, proof that the offense was committed at any time prior to the filing of the indictment and within the period prescribed by the Statute of Limitations is sufficient. ( People v. Dore, 339 Ill. 415; People v. Kircher, 333 id. 200; Singer v. Hutchinson, 183 A. 606.) It may be further observed that had this been a defense it was such as was open to the defendant, O'Brien, only, and not to Rockola. It is also earnestly argued that since some questions were asked which did not bear any relation to the crime being tried Rockola was excused from answering all of them, and People v. Boyle, supra, and People v. Newark, 312 Ill. 625, are cited in support of that argument.
The facts recited in the instruction were incomplete and hence would have misled the jury. ( People v. Dore, 339 Ill. 415, 171 N.E. 554.) In any event, the jury was given IPI Criminal No. 13.23 on the definition of the offense of deceptive practices and IPI Criminal No. 13.24 on the issues in deceptive practices.
The defendant asserts that because evidence had been admitted solely for the purpose of establishing motive and because the prosecutor commented on motive in final argument, this Illinois Pattern Jury Instruction was erroneously given, and is contrary to the IPI Committee Note which reads: "See, People v. Dore, 339 Ill. 415, 419-420, 171 N.E. 554, 556 (1930); People v. Corder, 306 Ill. 264, 267, 137 N.E. 845, 847 (1923); People v. Enright, 256 Ill. 221, 233-235, 99 N.E. 936, 941 (1912). However, in the Enright case the Illinois Supreme Court observed (256 Ill. at page 234, 99 N.E. at page 941), "If the People claim that a motive existed inducing the commission of the act it must be proved, and, like any other circumstance, cannot be inferred * * *.' Accordingly, if the People adduce evidence tending to prove a motive and the prosecutor argues the circumstance of motive to the jury, this instruction should not be given."
The State is not required to prove motive for the commission of the crime charged. ( People v. Dore (1930), 339 Ill. 415, 171 N.E. 554.) Where, as in the case at bar, the evidence is sufficient to establish defendant's guilt beyond a reasonable doubt, the failure of the State to prove a motive for the shooting does not necessitate a reversal of the conviction. • 7 Defendant's second principal contention is that the trial court erred in admitting into evidence the testimony of Leo Jones as to a statement made by defendant to police under custodial questioning that she had thrown the gun out the window, since that statement was procured in violation of defendant's fifth amendment right against self-incrimination. Defendant urges that there had been no showing that she had been advised of her right pursuant to Miranda v. Arizona (1966), 384 U.S. 436, 16 L.Ed.2d 694, 86 S.Ct. 1602, prior to making the statement.
64 N.E.2d 719.) Proof of the precise date of commission of an offense as alleged in an indictment is unnecessary, unless the allegation of a special time is an essential ingredient of the crime or the running of the period of limitations. ( People v. Taylor, 391 Ill. 11, 62 N.E.2d 683; People v. Dore, 339 Ill. 415, 171 N.E. 554.) The date of December 22, 1969 was not an essential ingredient of the crime and it was therefore proper for the State to show that the crime could have occurred on a date other than that contained in the note.
(SHA, c 38, § 3-8, Committee Comments; People v. Barrett, 405 Ill. 188, 90 N.E.2d 94; People v. Preble, 316 Ill. 233, 147 N.E. 124.) In People v. Dore, 339 Ill. 415, 171 N.E. 554, the defendant had objected to evidence being admitted to show that he had presented worthless checks to cover up a shortage on dates subsequent to the date alleged in the indictment. In rejecting the defendant's argument, the court said at page 419: