{
  "id": 3389737,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DEBRA MORRIS, Defendant-Appellee",
  "name_abbreviation": "People v. Morris",
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  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DEBRA MORRIS, Defendant-Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE MILLS\ndelivered the opinion of the court:\nAlthough she was single and had only one child, Ms. Morris filed for public aid and listed two children on her application.\nShe was charged by an information which in substance stated:\n\u201cThe State\u2019s Attorney * * * charges that Debra Morris 000 committed the offence of public aid fraud in that she wilfully, unlawfully, and knowingly by false statement and wilful misrepresentation, obtained financial aid under the Public Aid Code to which she was not entitled in violation of Section 11 \u2014 21, Chapter 23, Illinois Revised Statutes (1973).\u201d\nThe information was phrased in the language of section 11 \u2014 21 of the Public Aid Code which in pertinent part provided:\n\u201cAny person who by means of any false statement, willful misrepresentation, * * * or through other fraudulent device obtains or attempts to obtain # # financial aid under this Code to which he is not entitled, shall be guilty of a Class A misdemeanor.\u201d Ill. Rev. Stat. 1973, ch. 23, par. 11\u201421.\nIn a bench trial, the judge found her guilty of public aid fraud. After her conviction, however, defendant filed a motion in arrest of judgment, claiming the information did not set forth the offense with sufficient specificity. The motion was granted.\nThe sole issue on appeal is whether the information was sufficient to charge the defendant with public aid fraud. We find that it was not and we affirm.\nThis court recently dealt with a similar issue in People v. Tyler (1977), 45 Ill. App. 3d 111, 359 N.E.2d 240. In that case an information charged the defendant with filing a fraudulent retailer\u2019s occupation tax return and with failing to keep required books and records. The charge was cast in terms of the statutory offense. After the trial court dismissed the information, the State appealed. We found the statutory language used in the charge \u201cto be sufficient particularization to notify defendant of the nature and elements of the offense charged and that the information does not offend due process.\u201d 45 Ill. App. 3d 111, 115, 359 N.E.2d 240, 243.\nLikewise, in People v. Young (1974), 19 Ill. App. 3d 455, 311 N.E.2d 609, we held the indictment alleging defendant delivered a forged stock certificate with the intent to defraud was sufficient, although it failed to specify how the certificate was a \u201cforged document apparently capable of defrauding another\u201d. (19 Ill. App. 3d 455, 457, 311 N.E.2d 609, 611.) However, in the present case, the false statement or wilful misrepresentation itself was not identified.\nAn information phrased in the terminology of the statute is sufficient when the words of the statute particularize the crime in such manner that the defendant is apprised of the precise offense against him, (People v. Harvey (1973), 53 Ill. 2d 585, 294 N.E.2d 269.) The supreme court in People v. Grieco (1970), 44 Ill. 2d 407, 255 N.E.2d 897, noted:\n\u201c[W]here the statute does not specifically define the crime, or does so only in general terms some act showing an alleged violation of the statute must be averred.\u201d (44 Ill. 2d 407, 410, 255 N.E.2d 897, 899.)\nBecause the instant statute does not specifically define the crime, the false statement must be alleged.\nWe do not hold, however, that the specificity necessary for charging perjury is required here. Since perjury is committed by using words which comprise both the offense and the means, further particularization of the alleged false statement is necessary. (People v. Aud (1972), 52 Ill. 2d 368, 288 N.E.2d 453.) But here the defendant was not charged with perjury. Rather, the information charged the defendant with obtaining financial aid to which she was not entitled by a false statement and wilful misrepresentation. The offense is public aid fraud and the means is by false statement and wilful misrepresentation. Although it was not necessary to set forth the nature of the falsity, the false statement itself should have been identified.\nThe judgment of the circuit court dismissing the information is affirmed.\nAffirmed.\nTRAPP, P. J., and GREEN, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE MILLS"
      }
    ],
    "attorneys": [
      "Ronald Dozier, State\u2019s Attorney, of Bloomington (Robert C. Perry and Jeffrey B. Levens, both of Illinois State\u2019s Attorneys Association, of counsel), for the People.",
      "Richard J. Wilson and Karen Munoz, both of State Appellate Defender\u2019s Office, of Springfield, for appellee."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DEBRA MORRIS, Defendant-Appellee.\nFourth District\nNo. 14062\nOpinion filed October 7, 1977.\nRehearing denied November 7, 1977.\nRonald Dozier, State\u2019s Attorney, of Bloomington (Robert C. Perry and Jeffrey B. Levens, both of Illinois State\u2019s Attorneys Association, of counsel), for the People.\nRichard J. Wilson and Karen Munoz, both of State Appellate Defender\u2019s Office, of Springfield, for appellee."
  },
  "file_name": "0903-01",
  "first_page_order": 925,
  "last_page_order": 927
}