People of State of Illinois v. Watts

Full title: People of State of Illinois, Defendant in Error, v. Sam Watts, Hazel Smith…

Court: Appellate Court of Illinois

Date published: Feb 3, 1947

330 Ill. App. 333 (Ill. App. Ct. 1947)

71 N.E.2d 364

Opinion

Gen. No. 43,872-43,874. (Abstract of Decision.)

Opinion filed February 3, 1947 Released for publication February 17, 1947

CRIMINAL PROCEDURE, § 850^_ — invalidity of nunc pro tunc order approving agreed statement of facts and ordering it filed. Nunc pro tunc order, approving agreed statement of facts and ordering it filed, entered after expiration of time fixed by statute for filing of agreed statement of facts or report of proceedings, and after time fixed by court, was void.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Municipal Court of Chicago; the Hon. IRWIN B. CLORFENE, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the October term, 1946.

Aaron H. Payne, for plaintiffs in error;

James Y. Carter, William J. Tuohy, State's Attorney, for defendant in error;

Edward E. Wilson, John T. Gallagher, W.S. Miroslawski, Joseph A. Pope and Melvin S. Rembe, Assistant State's Attorneys, of counsel.

Opinion by JUSTICE FEINBERG.

Not to be published in full. Opinion filed February 3, 1947; released for publication February 17, 1947.