Opinion
Opinion filed March 5, 1945 Released for publication April 5, 1945
ASSAULT AND BATTERY, § 3.1 — when judgment and sentence are improper. Where defendant entered written plea of guilty only of "assault with deadly weapon with intent to do bodily injury," such plea was, in effect, plea of guilty merely of simple assault, and written judgment, setting forth graver crime, namely, assault, to which defendant pleaded guilty, "with no provocation appearing therefor, and with circumstances showing abandoned and malignant heart," and severer sentence in accordance with such judgment, were improper.
See Callaghan's Illinois Digest, same topic and section number.
Error to the Circuit Court of White county; the Hon. BLAINE HUFFMAN, Judge, presiding.
Reversed and remanded with directions. Heard in this court at the February term, 1945.
Ulys Pyle, for plaintiff in error; Julius Reznik, of counsel;
Ben H. Townsend, for defendant in error.
Not to be published in full. Opinion filed March 5, 1945; released for publication April 5, 1945.