PEOPLE v. SMITH

No. 58124.

99 Ill.2d 467 (1984)

459 N.E.2d 1357

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. ROBERT H. SMITH, Appellee.

Supreme Court of Illinois.

Opinion filed February 1, 1984.


Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and James R. Benson, State's Attorney, of Paxton (Jack Donatelli and Mark L. Rotert, Assistant Attorneys General, of Chicago and Robert J. Biderman and Garry W. Bryan, of the State's Attorneys Appellate Service Commission, of Springfield, of counsel), for the People.

Michael R. Cornyn, of Allen & Korkowski & Associates, of Rantoul, for appellee.


Judgment affirmed.

JUSTICE SIMON delivered the opinion of the court:

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...

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