{
  "id": 2504802,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Alexander Pujoue, Defendant-Appellant",
  "name_abbreviation": "People v. Pujoue",
  "decision_date": "1974-10-17",
  "docket_number": "No. 59032",
  "first_page": "810",
  "last_page": "811",
  "citations": [
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      "cite": "23 Ill. App. 3d 810"
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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      "reporter": "Ill. App. 3d",
      "case_ids": [
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      "reporter": "N.E.2d",
      "opinion_index": 0
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    {
      "cite": "67 Ill.App.2d 292",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
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        "/ill-app-2d/67/0292-01"
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  "last_updated": "2023-07-14T18:19:43.775116+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Plaintiff-Appellee, v. Alexander Pujoue, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE McGLOON\ndelivered the opinion of the court:\nDefendant, Alexander Pujoue, was convicted following a bench trial of unlawful use of weapons in violation of section 24 \u2014 1(a) (10) of the Criminal Code (Ill. Rev. Stat. 1973, ch. 38, par. 24 \u2014 1(a) (10)) and sentenced to 90 days in the House of Corrections. In this appeal, he contends that the complaint upon which he was tried was fatally defective and that he was not proven guilty beyond a reasonable doubt.\nWe reverse.\nThe defendant\u2019s first contention on appeal is that the complaint failed to charge a crime. The complaint alleged:\n\u201cOfficer W. Gehl complainant, * * * states that Alexander Pujoue has, on or about 4 Nov 1972 at Arthington & Kedzie, Cook County 111 committed the offense of UNLAWFUL USE OF WEAPONS in that he knowingly carried (on or about his person) a firearm to wit: 32 Cal H & R Revolver Serial Number AJ 77584 in violation of Chapter 38, Section 24 \u2014 la4\u201410 * # *.\n/s/ Wayne Gehl #14715 (Complainant\u2019s Signature)\nA/4 SOG 744-4000\n(Complainant\u2019s Address) (Telephone No.)\u201d\nThe offense of unlawful use of weapons is defined in section 24 \u2014 (a) (10) (Ill. Rev. Stat. 1973, ch. 38, par. 24 \u2014 1(a) (10)), which provides: \u201c\u00a7 24 \u2014 1 Unlawful Use of Weapons.\n(a) A person commits the offense of unlawful use of weapons when he knowingly:\nft ft ft\n(10) Carries or possesses in a vehicle or on or about his person within the corporate limits of a city, village or incorporated town, except when on his land or in his own abode or fixed place of business, any loaded pistol, revolver or other firearm.\u201d\nThe Code of Criminal Procedure (Ill. Rev. Stat. 1973, ch. 38, par. 111 \u2014 3 (a)(3)) provides that:\n\u201c(a) A charge shall be in writing and allege the commission of an offense by:\nft ft ft\n(3) setting forth the nature and elements of the offense charged.\u201d The defendant contends that the complaint did not state that the firearm was loaded, and therefore failed to set forth an element of the offense. We agree.\nIt is a fundamental rule of criminal pleading that a complaint which does not set forth the nature and elements of the crime sought to be charged fails to state an offense and is subject to dismissal. People v. Billingsley (1966), 67 Ill.App.2d 292, 213 N.E.2d 765.\nIn the instant case, the complaint failed to allege that the pistol was loaded. Inasmuch as the term \u201ca firearm to wit: 32 Cal H & R Revolver\u201d does not necessarily involve a loaded firearm in violation of the statute, we hold that the complaint failed to allege an offense. Where a conviction rests on such a complaint, we will reverse without remand. People v. Leach (1972), 3 Ill.App.3d 389, 393, 279 N.E.2d 450, 452.\nIn view of this holding, it will not be necessary to discuss the defendant\u2019s other contentions.\nFor the aforementioned reason, the judgment of the circuit court of Cook County is reversed.\nJudgment reversed.\nMcNAMARA, P. J., and MEJDA, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE McGLOON"
      }
    ],
    "attorneys": [
      "James J. Doherty, Public Defender, of Chicago, for appellant.",
      "Bernard Carey, State\u2019s Attorney, of Chicago, for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Alexander Pujoue, Defendant-Appellant.\n(No. 59032;\nFirst District (3rd Division)\nOctober 17, 1974.\nJames J. Doherty, Public Defender, of Chicago, for appellant.\nBernard Carey, State\u2019s Attorney, of Chicago, for the People."
  },
  "file_name": "0810-01",
  "first_page_order": 834,
  "last_page_order": 835
}