People v. Ellis

Mr. Presiding Justice Graves

delivered the opinion of the court.

5. Indictment and information, § 22*—how facts required to be stated. Every fact and circumstance stated in an indictment must be laid positively, and cannot be stated by way of recital. 6. Indictment and information, § 29*-—necessity for certainty in allegations. In an indictment or information the facts must be charged with such certainty as to enable defendant to know with what he is charged and to enable him to prepare his defense, and also to identify the offense sufficiently so that the judgment may be shown in support of a…