DocketNumber: No. 27852. Judgment affirmed.
Citation Numbers: 55 N.E.2d 78, 387 Ill. 72
Judges: Mr. JUSTICE WILSON delivered the opinion of the court:
Filed Date: 5/16/1944
Status: Precedential
Modified Date: 1/12/2023
January 17, 1942, the defendant, Scott Lantz, was indicted in the circuit court of Macon county for the crime of forgery. The indictment consists of two counts. Of these, the first charges defendant with forging a check with the intent to defraud Otis Green, and the second uttering a forged check, knowing it to be false, again with the intent to prejudice Green. February 19, 1942, defendant withdrew his plea of not guilty to both counts and, notwithstanding admonition by the trial judge as to the effect of his action, pleaded guilty to the second count. He was sentenced to an indeterminate term of from one to fourteen years' imprisonment in the penitentiary, with the recommendation that the minimum and maximum limits be one year and fourteen years, respectively. Lantz prosecutes this writ of error.
Defendant, now incarcerated in the penitentiary at Joliet, appears pro se. No bill of exceptions has been filed. Defendant challenges the sufficiency of the indictment *Page 74
on two grounds, first, that its allegations are too broad, relating only to fraud and, secondly, that "Sam J. Myslici," the alleged drawer of the check, is nonexistent. Defendant's plea of guilty does not preclude him from challenging the sufficiency of the indictment to charge a criminal offense in the form prescribed by the common law or the statute. (People v. Fore,
Defendant urges he was incompetently represented by counsel appointed by the court to defend him. No basis for this alleged error is found in the common-law record, and this issue not being properly presented, we cannot determine whether the error charged is well taken. (People v. Bertrand,
Defendant urges that his motion seeking his discharge for want of prosecution within four months (Ill. Rev. Stat. 1943, chap. 38, par. 748,) should have been sustained. The right to a speedy trial guaranteed by section 9 of article II of our constitution is a right personal to the accused and which he may waive.(People v. Utterback,
Defendant insists that a statement signed by the trial judge and the State's Attorney of Macon county, conformably to portions of the Sentence and Parole Act since held unconstitutional,(People v. Montana,
The judgment of the circuit court of Macon county is affirmed.
Judgment affirmed. *Page 77
The People v. Reese , 355 Ill. 562 ( 1934 )
The People v. Denning , 372 Ill. 549 ( 1939 )
The People v. Street , 353 Ill. 60 ( 1933 )
The People v. Pecho , 362 Ill. 568 ( 1936 )
The People v. Montana , 380 Ill. 596 ( 1942 )
The People v. Fore , 384 Ill. 455 ( 1943 )
The People v. D'Andrea , 361 Ill. 526 ( 1935 )
The People v. Bertrand , 385 Ill. 289 ( 1944 )
The PEOPLE v. Merrieweather , 11 Ill. 2d 619 ( 1957 )
People v. Sweeney , 409 Ill. 223 ( 1951 )
People v. Clifton , 408 Ill. 475 ( 1951 )
The People v. De Cola , 15 Ill. 2d 527 ( 1959 )
The PEOPLE v. Milani , 34 Ill. 2d 524 ( 1966 )
The People v. Jones , 9 Ill. 2d 481 ( 1956 )
The People v. Justat , 389 Ill. 138 ( 1945 )
The People v. Nickols , 391 Ill. 565 ( 1945 )
The People v. Knudsen , 394 Ill. 90 ( 1946 )
The People v. Wooten , 392 Ill. 542 ( 1946 )
The People v. Bennett , 401 Ill. 403 ( 1948 )
The People v. Pond , 390 Ill. 237 ( 1945 )
The People v. Foster , 394 Ill. 194 ( 1946 )
The People v. Haupris , 396 Ill. 208 ( 1947 )
The People v. Wells , 393 Ill. 626 ( 1946 )
The People v. Brown , 397 Ill. 92 ( 1947 )
The People v. Washington , 396 Ill. 30 ( 1947 )
The People v. Baker , 399 Ill. 142 ( 1948 )
The People v. Bardens , 394 Ill. 511 ( 1946 )