People v. Smith

This appeal presents two questions for resolution: Must a one-count information captioned “Reckless Homicide” set forth the element of recklessness in the body of the information? If so, must a challenge to an information which does not allege recklessness be sustained pursuant to People v. Lutz (1978), 73 Ill. 2d 204, when raised for the first time in a timely motion in arrest of judgment?

An information filed against the defendant, Robert H. Smith, charged:

“That on the 26th day of July, 1981, in [Ford] County, Robert Smith AKA Snyder committed the offense of Reckless Homicide, in violation…