Designation of the Offense; Qualifying and Aggravating Circumstances

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1. What does Rule110 Section8 require concerning qualifying and aggravating circumstances?
2. If the offense has no statutory designation, what does Section8 require?
3. Under Solar, is the broad phrase with treachery by itself an adequate factual description of how treachery attended the…
4. A new information alleges abuse of superior strength without describing its factual basis. Before arraignment, the accu…
5. A qualifying circumstance is alleged in broad terms but inadequately detailed. The accused fails to use the proper time…
6. An information’s caption names a graver offense, but the body’s material facts describe only a different charge and omi…
7. A circumstance is inadequately described using only a broad label. The defense did not timely challenge the detail and …
8. Explain Solar’s requirement for pleading broad qualifying or aggravating circumstances.
9. Distinguish waiver of an objection to inadequate factual detail from proof of the circumstance.
10. Why is the heading of an information not necessarily decisive of the offense charged?
11. The prosecution wants a generic aggravating circumstance considered at sentencing. Does Rule 110, Section 8 limit its s…
12. A homicide information contains no allegation of the victim’s dwelling or any corresponding circumstance. The prosecuto…