People v. Mass

Mr. JUSTICE THOMAS J. MORAN,

dissenting:

The accused shall ‘he informed of the nature and cause of the accusation (U.S. Const, amend. VI) or, otherwise stated, the accused shall have the right to “demand the nature and cause of the accusation” (III. Const, art. I, § 8). These constitutional mandates have been supplemented by statute. (See Ill. Rev. Stat. 1969, ch. 38, § 111 — 3(a)(3).) Consequently, an indictment must allege the necessary elements of the offense charged. It is by this standard that the validity of an indictment is tested. When the standard is met, the natural result will bes to…