Opinion
Gen. No. 42,564. (Abstract of Decision.)
Opinion filed October 25, 1943
CRIMINAL PROCEDURE, § 92 — waiver 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Not to be published in full.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.