People v. Brown
| Decision Date | 24 January 1958 |
| Docket Number | No. 34426,34426 |
| Citation | 13 Ill.2d 32,147 N.E.2d 336 |
| Parties | The PEOPLE of the State of Illinois, Defendant in Error, v. John W. BROWN, Plaintiff in Error. |
| Court | Illinois Supreme Court |
John W. Brown, pro se., for plaintiff in error.
Latham Castle, Atty. Gen., and Charles J. Ryan, State's Atty., Jacksonville (Fred G. Leach, Decatur, and William H. South, Carmi, of counsel), for the People.
Plaintiff in error pleaded guilty to the crime of larceny of a motor vehicle in the circuit court of Morgan County and was sentenced to the penitentiary for a term of not less than one nor more than ten years. He has sued out a writ of error from this court to review judgment of conviction bringing before us the common-law record only.
Plaintiff in error assigns as error the fact that the record does not contain a written waiver of jury trial. There is no requirement that a waiver of right to trial by jury be in writing. People v. Deese, 402 Ill. 200, 83 N.E.2d 707. The transcript of the proceedings at petitioner's arraignment clearly shows that petitioner was advised that he was entitled to a jury trial and that he pleaded guilty after a proper admonishment by the court.
It is also urged as a basis for reversal that the record fails to show that the trial court heard evidence in mitigation and aggravation. Where a defendant, before pleading guilty, is admonished by the court as to the effect of his plea and the punishment which might be inflicted, it is unnecessary for the record to affirmatively show that evidence was heard in mitigation or aggravation of the offense. People v. Clifton, 408 Ill. 475, 97 N.E.2d 298.
Plaintiff in error next contends the judgment of conviction should be reversed because the complaint and warrant before the justice of the peace shows that his name was originally typewritten therein as James Brown, and that the first name 'James' was stricken out and the first name 'John' was inserted. He also objects that the name of the owner of the car appeared in the complaint and warrant as Guy McClenning whereas in the indictment it appears as Gordon McClenning. In view of the plea of guilty, this contention is not open for consideration on writ of error. A plea of guilty waives technical irregularities in prior proceedings.
Plaintiff in error complains that on the back of the indictment the word 'forgery' had been crossed out and the words 'larceny of a motor vehicle' substituted; and that the indictment fails to...
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