INDICTMENT AND INFORMATION - REQUIREMENT OF SPECIFICITY IN CHARGING A STATUTORY OFFENSE

Authors

Ward P. Allen, University of Michigan Law SchoolFollow

Abstract

On an information charging the possession of "a certain habit forming drug, to wit: Marijuana . . . in violation of section 158, Chapter 91, Illinois Revised Statutes (1935)," defendant was convicted in the municipal court of Chicago. The Illinois adoption of the Uniform Narcotic Drug Act made the possession of "any narcotic drug" unlawful; defined "narcotic drugs" to include "cannabis"; and stated that "Cannabis includes the following substances, under whatever names they may be designated: (a) The dried flowering or fruiting tops of the pistillate plant Cannabis Sativa L.," from which the resin has not been extracted; (b) the resin . . . ; (c) every compound . . . of . . . the resin or tops." Held, conceding that "marijuana" is "Cannabis Sativa L.," the information is nevertheless insufficient for failure to state that it was of the specific quality and kind defined by the statute. People v. Sowrd, 370 Ill. 140, 18 N. E. (2d) 176 (1938), reversing 295 Ill. App. 314, 14 N. E. (2d) 957 (1938).

Recommended Citation

Ward P. Allen, INDICTMENT AND INFORMATION - REQUIREMENT OF SPECIFICITY IN CHARGING A STATUTORY OFFENSE, 37 Mich. L. Rev. 1325 (1939).
Available at: https://repository.law.umich.edu/mlr/vol37/iss8/24