People v. Brown
| Decision Date | 20 May 1943 |
| Docket Number | No. 27142.,27142. |
| Citation | 383 Ill. 287,48 N.E.2d 953 |
| Parties | PEOPLE v. BROWN. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Peoria County; Henry J. Ingram, Judge.
Charles Brown pleaded guilty to charge of larceny of an automobile and was sentenced to the penitentiary for an indeterminate term of from one to twenty years, and he brings error.
Judgment reversed and cause not remanded.James B. Wolfenbarger, of Peoria, for plaintiff in error.
George F. Barrett, Atty. Gen., and Lester F. Carson, State's Atty., of Peoria (William S. Wilson, of Springfield, and Roy P. Hull, of Peoria, of counsel), for the People.
On October 8, 1931, plaintiff in error was sentenced to the penitentiary for an indeterminate term of from one to twenty years, on his plea of guilty. He brings the case here by writ of error to review that judgment. The case is here on the common law record.
The indictment charged the defendant with stealing an automobile, the value of which was alleged to be $500. He pleaded ‘guilty of larceny in manner and form as charged in the indictment.’ The court found the value of the property stolen to be $195, and imposed the sentence as above indicated.
Under our holding in the case of People v. Stacey, 372 Ill. 478, 24 N.E.2d 378, the indictment was not sufficient to charge an offense under section 168a of division 1 of the Criminal Code. Ill.Rev.Stat.1941, chap. 38, par. 388a. It was, however, sufficient to charge an offense under the general larceny section. This is section 167 of division 1 of the Criminal Code. Ill.Rev.Stat.1941, chap. 38, par. 387. Section 168a provides a penalty, for the offense defined in that section, of imprisonment in the penitentiary for a term of not less than one nor more than twenty years. The penalty for larceny under section 167, where the value of the property stolen exceeds $15, is imprisonment in the penitentiary for not less than one nor more than ten years. Ill.Rev.Stat.1941, chap. 38, par. 389. It is obvious that the court sentenced plaintiff in error to imprisonment under section 168a, believing that he was charged with stealing a motor vehicle, in violation of said section. Under the case above cited, however, the indictment must be treated as charging the offense of grand larceny, only, under section 167. The court should have imposed the penalty provided for grand larceny under that section. The maximum term of imprisonment for grand larceny under that section is ten years.
Plaintiff in error asserts that he has been confined in the penitentiary since October 8, 1931; that he has already served eleven years and four months, which is more than the maximum term for which he could have been lawfully sentenced for the crime charged in the indictment. The record supports this statement. The mittimus was issued on that date. The People do not challenge it. Their only contention is that the statement as to the length of time he has been confined is a matter dehors the record and is not before this court.
Ordinarily, where the court enters an erroneous sentence and no errors...
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People v. French
...should conform to the judgment, and that, if it does not follow it, a good warrant may be substituted at any time. In People v. Brown, 383 Ill. 287, 48 N.E.2d 953, the indictment charged the stealing of an automobile of the value of $500. Defendant pleaded guilty to larceny in manner and fo......
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People v. Huber
...under a plea of guilty of grand larceny, in accordance with our views in People v. French, 387 Ill. 16, 55 N.E.2d 53 and People v. Brown, 383 Ill. 287, 48 N.E.2d 953, it becomes unnecessary to remand the cause. Under the facts disclosed, remandment for resentencing is not required. The judg......
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People v. Davis
... ... He did not object when the voluntary manslaughter instruction was given or when the verdict was read nor when he made a post trial motion. The jury correctly found the defendant guilty of manslaughter, a lesser included offense in the charge of murder ... People v. Brown, 383 Ill. 287, 48 N.E.2d 953, People v. Swinson, 406 Ill. 233, 92 N.E.2d 758 and People v. Ellis, 309 Ill. 51, 139 N.E. 902, are cited for authority that the court erred in not sentencing the defendant for involuntary manslaughter. In Brown the indictment was insufficient to charge the offense of ... ...