People v. Hollister

Defendant was convicted by a jury on a felony indictment charging armed violence under the Criminal Code of 1961 (111. Rev. Stat. 1971, ch. 38, par. 33A — 2), and was sentenced to a term of not less than one nor more than two years in the penitentiary.

On appeal, defendant argues that because the elements of the felony charge of armed violence are exactly the same as the elements of the misdemeanor charge of aggravated assault (111. Rev. Stat. 1971, ch. 38, par. 12 — 2(a)(1)), it follows (1) that,the indictment for armed violence states no offense since the legislature could not have intended…