People v. Claybrooke

• Decision Date: 23 January 1959
• Docket Number: No. 34988,34988
• Citation: People v. Claybrooke, 155 N.E.2d 629, 15 Ill.2d 586 (Ill. 1959)
• Parties: The PEOPLE of the State of Illinois, Defendant in Error, v. James H. CLAYBROOKE, Plaintiff in Error.
• Court: Illinois Supreme Court

Page 629

155 N.E.2d 629

15 Ill.2d 586

The PEOPLE of the State of Illinois, Defendant in Error, v. James H. CLAYBROOKE, Plaintiff in Error.

No. 34988.

Supreme Court of Illinois.

Jan. 23, 1959.

C. E. Tate, Champaign, for plaintiff in error.

Latham Castle, Atty. Gen., Maurice A. Rickelman, State's Atty., Effingham (Fred G. Leach, Decatur, and William H. South, Carmi, of counsel), for the People.

KLINGBIEL, Justice.

James H. Claybrooke, hereinafter referred to as defendant, pleaded guilty in the circuit court of Effingham County to an indictment charging him with the crime of larceny. Judgment was entered on the plea and the defendant was sentenced to the penitentiary for a term of not less than five nor more than ten years. A writ of error has been issued from this court to review the judgment of conviction.

The record discloses that the indictment which was returned by the grand jury contained 16 counts, some charging the crime of burglary and other charging the crime of larceny. All of the counts related to a single offense, being the theft of a sum of money from the office of one Jack M. Michaelree. Defendant moved to quash the indictment and the motion was denied, following which defendant entered a plea of not guilty. When the case was called for trial, defendant, who was represented throughout the proceedings by counsel of his own choice, advised the court that he desired to withdraw his plea of not guilty and enter a plea of guilty to count 16 of the indictment. This count charged that defendant stole $257.02 good and legal money, the property of Jack M. Michaelree, a more particular description of said money being unknown to the grand jurors. The record shows that the court refused to accept the plea of guilty until the defendant was admonished as to the consequences of his plea and that after he was so admonished the court accepted the plea of guilty and entered judgment on the plea. Defendant then moved that he be admitted to probation. The court ordered an investigation and after the probation officer had completed his investigation a hearing was held. At that hearing the sheriff testified that he had in his possession.$258.69 in bills and change of various denominations. Of that money $257.02 was the money stolen from Michaelree and the balance was defendant's. He testified that he had this money in his possession at the time he testified before the grand jury and that he told the grand jury that he had this money. At this stage of the hearing, defendant's counsel moved that the judgment of conviction be vacated. This motion was denied and the hearing continued. Michaelree testified that he had lost $257.02 in the theft and that he had no claim to the $1.67 extra. He had no way of knowing just what bills or change were stolen from him and therefore was unable to indentify the particular bills or change in the sheriff's possession. The arresting officer testified that when defendant was arrested he had about $297.00 on his person, some of which was in a billfold and some loose in his pocket. He returned to defendant all but.$258.69. Defendant testified at the hearing that he thought a lot of his own money was mixed up with Michaelree's money. Several other witnesses testified at the probation hearing and at the close of the hearing defendant's counsel again moved that the judgment of conviction be vacated and set aside for the reason that count 16 of the indictment, to which defendant had pleaded guilty, contained an allegation that a particular description of the money was unknown to the grand jurors. Defendant contended in the trial court and argues here that since...