Opinion
Gen. No. 42,161. (Abstract of Decision.)
Opinion filed May 5, 1943
CRIMINAL PROCEDURE, § 981 — when new trial will not be granted by Appellate Court because judgment rendered by trial court was improper. Where defendant has had a full, fair, and impartial trial upon which no errors of law intervened, held he would not be accorded a new trial because of an alleged improper judgment, but the trial court would be directed to re-sentence the defendant by proper judgment in the matter.
See Callaghan's Illinois Digest, same topic and section number.
Error to Municipal Court of Chicago; Hon. OSCAR S. CAPLAN, presiding.
Reversed and remanded with directions that the court enter a judgment upon the court's findings. Heard in third division, first district, this court at February term, 1942.
Lawrence E. Dowd, for plaintiff in error;
Thomas J. Courtney, State's Attorney, for defendant in error;
Edward E. Wilson, John T. Gallagher and Melvin S. Rembe, Assistant State's Attorneys, of counsel.
"Not to be published in full." Opinion filed May 5, 1943.