The PEOPLE v. Tanner

In this case we are called upon to determine the effect of the new Criminal Code of 1961 upon offenses committed before it became effective on January 1, 1962.

The defendant, Roy Tanner, Jr., was indicted on September 25, 1961, for the crime of statutory rape alleged to have been committed on August 29, 1961. On March 14, 1962, he moved to quash the indictment on the ground that section 237 of division 1 of the Criminal Code of 1874, which defined and fixed the penalty for the crime of statutory rape, was repealed without a saving clause by the Code of 1961, and that “the effect of the repeal…