Opinion
Gen. No. 43,123. (Abstract of Decision.)
Opinion filed November 7, 1945 Rehearing denied November 26, 1945 Released for publication November 27, 1945
CRIMINAL PROCEDURE, § 692 — when fixing of minimum and maximum time to be served in penitentiary was proper. Where defendant, on writ of error, contended court committed error in sentencing him to term in penitentiary of not less than three nor more than five years for crime of conspiracy, which is misdemeanor but punishment provided by statute is imprisonment in penitentiary not exceeding five years or fine not exceeding $2,000, or both, held that court's action was proper since statute provides that any person adjudged guilty of felony or other crime punishable by imprisonment in penitentiary shall, with certain exceptions, be sentenced to penitentiary and court shall fix minimum and maximum limitation of imprisonment (Ill. Rev. Stat. 1943, ch. 38, pars. 139, 803; Jones Ill. State. Ann. 37.102, 37.761).
See Callaghan's Illinois Digest, same topic and section number.
Error to the Criminal Court of Cook county; the Hon. FRANCIS B. ALLEGRETTI, Judge, presiding.
Affirmed. Heard in the third division, first district, this court at the April term, 1945.
Thaddeus C. Toudor, for plaintiff in error;
George P. Barrett, Attorney General, for defendant in error;
William J. Tuohy, State's Attorney, Edward E. Wilson, John T. Gallagher and Melvin S. Rembe, Assistant State's Attorneys, of counsel.
Not to be published in full. Opinion filed November 7, 1945; rehearing denied November 26, 1945; released for publication November 27, 1945.