People v. Washington

Defendant was charged, and jury was instructed on and convicted Defendant under predecessor statutes which used term "dangerous weapon". Gun used in robbery was never found, and no testimony as to size, weight, or metallic nature of gun. Uncontroverted testimony of robbery victim was sufficient to prove to jury, beyond a reasonable doubt, that Defendant was armed with a dangerous weapon. Allegations in indictment, that Defendant's dangerous weapon was a "firearm", did not vary from State's proof at trial as to type of dangerous weapon used. (FREEMAN, THOMAS, GARMAN, and KARMEIER, concurring; KILBRIDE and THEIS, dissenting.)