People v. Johnson

Defendant, Althea Johnson, was charged by complaint with the offense of prostitution in violation of section 11 — 14(a)(2) of the Criminal Code of 1961 (Ill. Rev. Stat. 1975, ch. 38, par. 11—14(a)(2)). After a bench trial in the circuit court of Cook County, the defendant was found guilty and sentenced to 8 days in the Cook County House of Correction. The appellate court reversed the defendant’s conviction on the ground that a fatal variance existed between the charge in the complaint and the proof adduced at trial. (34 Ill. App. 3d 38.) We granted the State leave to appeal.

The statute under…