In all criminal prosecutions, whether the charge is presented by indictment of a grand jury or otherwise, the accused is entitled to know the nature and cause of the accusation and to have a copy thereof.7 The purpose of the constitutional provision is to secure to the accused such specific designation of the offense with which he is charged as will enable him to prepare for his defense; in other words, to apprise him of the nature of the charge preferred against him. If the indictment fails to inform the accused of the nature of the charge, as required by the constitution, he shall not be required to plead to it.8 To bring an indictment within the requirements of the constitutional provision it must specifically state an offense, and this is not done if any material fact essential to constitute the crime is omitted.9 Moreover, the averments of the facts must be direct and positive, and not by inference.10 For example, an indictment in alleging that the accused knew, at the time of his second marriage, that his first wife was living, does not allege that his first was in fact living; it is merely inference.11

6 Duncan vs. People, 1 Scam. (Ill.), 457; George vs. People, 167 Ill., 417; 1 Bish. Cr. Proc, Sec. 661; Hughes' Cr. Law, Sec. 2754.

7 Ill. Const., 1870, Art. 2, Sec. 9:

8 Edwards vs. State, 27 Ark., 493;

West vs. People, 137 Ill., 196; Loehr vs. People, 132 Ill., 508; U. S. vs. Simmons, 96 U. S., 362.

9 Williams vs. People, 101 Ill., 385.

10 Pritchard vs. People, 149 Ill., 50; Dryer vs. People, 176 Ill., 597.

11 Pritchard vs. People, 149 Ill., 50-54; Dryer vs. People, 176 Ill., 597; State vs. Paul, 69 Me., 215; People vs. Crenshaw, 46 Cal., 65 (fails to allege a murder).