People v. Ellison

The defendant, John Ellison, and a codefendant, Tom Siefert, Ellison’s brother-in-law, were indicted in the circuit court of Lake County for the offenses of home invasion and rape. (Ill. Rev. Stat. 1981, ch. 38, pars. 12 — 11, 11 — 1(a)(1).) The cases were severed for trial, and Siefert was not involved in this appeal. The defendant was convicted by a jury for both offenses and he was sentenced to serve concurrent 12-year terms.

On appeal, the defendant raises these issues: (1) whether the omission of the words “without authority” from the home-invasion indictment was fatal to the indictment;…