People v. Carter
| Decision Date | 21 November 1945 |
| Docket Number | No. 28625.,28625. |
| Citation | 391 Ill. 594,63 N.E.2d 763 |
| Parties | PEOPLE v. CARTER. |
| Court | Illinois Supreme Court |
Error to Circuit Court, Livingston County; Stevens R. Baker, judge.
Harice Leroy Carter was convicted of murder and, to review the judgment and sentence, he brings error.
Affirmed.
Appellant pro se.
Geo. F. Barrett, Atty. Gen., and Hubert H. Edwards, State's Atty., of Pontiac, for the People.
This is a review on writ of error sued out by plaintiff in error pro se, seeking reversal of a judgment of the circuit court of Livingston county sentencing him to the penitentiary for 99 years on a charge of murder and his plea of guilty thereon. No bill of exceptions has been filed. The only questions, therefore, that this court can consider are those on the common-law record.
His first contention is that the court erred in not appointing an attorney to represent him during arraignment. The right to be represented by counsel is one which the defendant may waive or claim, as he shall determine. No duty rests upon the court to provide legal assistance for an accused, unless he states, under his oath, his inability to procure counsel, and expresses a desire to have the court appoint one for him. People v. Braner, 389 Ill. 190, 58 N.E.2d 869;People v. Corrie, 387 Ill. 587, 56 N.E.2d 767;People v. Childers, 386 Ill. 312, 53 N.E.2d 878. There being no bill of exceptions, and it not appearing that plaintiff in error sought to have an attorney appointed for him, this assignment of error cannot be sustained. People v. Stubblefield., Ill.Sup., 63 N.E.2d 762;People v. Stack, 391 Ill. 15, 62 N.E.2d 807;People v. Braner, 389 Ill. 190, 58 N.E.2d 869.
Others errors assigned relate to his complaint that he was deprived of due process of law by reason of the method of his arrest and that he did not have a fair trial based upon competent evidence. There is no basis in the common-law record on which the court can review such questions. Therefore they cannot be considered. People v. Lantz, 387 Ill. 72, 55 N.E.2d 78;People v. Bertrand, 385 Ill. 289, 52 N.E.2d 706;People v. Keller, 353 Ill. 411, 187 N.E. 460.
The judgment of the circuit court of Livingston county is affirmed.
Judgment affirmed.
To continue reading
Request your trial
-
Carter v. People of State of Illinois
...the Fourteenth Amendment to the assistance of counsel. The Supreme Court of Illinois affirmed the original judgment of conviction. 391 Ill. 594, 63 N.E.2d 763. In view of the importance of the claim, if valid, we brought the case here. 328 U.S. 827, 66 S.Ct. In a series of cases of which Mo......
-
People v. Burson
...(Also see Ill.Rev.Stat.1955, chap. 110 par. 101.26.) The right to be represented by counsel in either a capital (People v. Carter, 391 Ill. 594, 63 N.E.2d 763; Carter v. Illinois, 329 U. S. 173, 67 S.Ct. 216, 91 L.Ed. 172) or noncapital case is one which the defendant may claim or waive as ......
-
State ex rel. Shelby v. Rigg, 37711
...Amend. XIV to the assistance of counsel. The Supreme Court of Illinois affirmed the original judgment of conviction in People v. Carter, 391 Ill. 594, 63 N.E.2d 763. On writ of certiorari the Supreme Court of the United States affirmed, and in doing so the court said (329 U.S. 174, 67 S.Ct.......
-
People v. Hall
...be determined in the absence of such full transcript, and cites People v. Gulley, 411 Ill. 228, 103 N.E.2d 650, and People v. Carter, 391 Ill. 594, 63 N.E.2d 763. How the decisions in these cases can have the remotest relevancy to a post-conviction hearing before a trial court is not pointe......