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3 Ill. App. 3d 720

People v. McCaughan

Appellate Court of Illinois

Decided December 30, 1971

Appellate Court of Illinois · decided 1971-12-30

Cited by 2 later decisions — most recently June 1973

2 state decisions

Relies on 132 Ill. App. 2d 2 - People v. Whelan

Good law ✅— No negative treatment on recordhow we know

Decided 1971-12-30

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PER CURIAM:

¶1 Defendant appeals from a judgment entered on his plea of guilty to a charge of aggravated assault. He contends that the information was fatally defective because it did not allege that defendant acted “without legal authority.” The statutory definition of aggravated assault (Ill. Rev. Stat. 1969, ch. 38, par. 12 — 2) must be read together with that of assault (Ill. Rev. Stat. 1969, ch. 38, par. 12 — 1). (People v. Whelan (Ill.App.2d), 267 N.E.2d 364.) Since “without legal authority” is an essential element of assault as so defined, an information charging aggravated assault must include such an allegation to fulfill the requirements of Ill. Rev. Stat. 1969, ch. 38, par. 111 — 3(a) (3). (People v. Whelan, supra.) It is unnecessary to consider defendant’s other contentions.

¶2Judgment reversed.

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