Opinion
Gen. No. 8,720.
Opinion filed January 16, 1933.
1. CONSTITUTIONAL LAW — validity of Illinois State Farm statute. The statute relating to the Illinois State Farm (Cahill's St. ch. 23, ¶¶ 248-254) has been held, by the Supreme Court, to be a valid enactment.
2. COURTS — lack of jurisdiction in Appellate Court to determine statute's constitutionality. The Appellate Court has no jurisdiction to pass on the constitutionality of a legislative enactment.
3. CRIMES AND PUNISHMENT — when sentence to Illinois State Farm is not erroneous. A sentence to the Illinois State Farm, imposed on a plea of guilty to the charge contained in an information for illegally selling liquor, is not erroneous as being a sentence to a penitentiary.
4. CRIMINAL PROCEDURE — when order for working out fine and costs, after imprisonment, not erroneous. In sentencing a defendant, guilty of illegally selling liquor, to the Illinois State Farm, it is not error for the court to order that the defendant work out his fine and costs at that institution, following the expiration of his term of imprisonment, at the rate of $1.50 a day.
5. CRIMINAL PROCEDURE — when question not properly before Appellate Court on writ of error. On writ of error to review the sentence to the Illinois State Farm, imposed on defendant's pleading guilty to a charge of illegally selling liquor, the question of the trial court's lack of jurisdiction thus to sentence defendant because of the judgment's failure to find or state defendant's age is not properly before the Appellate Court, where no such error is assigned on the record.
6. CRIMINAL PROCEDURE — presumption in Appellate Court in absence of bill of exceptions. Where, on writ of error to review the sentence to the Illinois State Farm, imposed on defendant's pleading guilty to a charge of illegally selling liquor, it is contended that the trial court was without jurisdiction thus to sentence defendant because of the judgment's failure to find or state defendant's age, but the record contains no bill of exceptions, it will be presumed that the trial court found the age of defendant and sentenced him properly.
7. CRIMINAL PROCEDURE — when failure to prove defendant's age is not reversible error. The failure to prove the age of a defendant, pleading guilty to a criminal charge, will not work a reversal of the trial court's judgment of imprisonment unless it appears from the record that the defendant was prejudiced by the omission.
Error by defendant to the County Court of McDonough county; the Hon. T. H. MILLER, Judge, presiding. Heard in this court at the October term, 1932. Affirmed. Opinion filed January 16, 1933.
J. D. TEMPLEMAN, for plaintiff in error.
OSCAR E. CARLSTROM, Attorney General, J. J. NEIGER, Assistant Attorney General, and WALLACE A. WALKER, State's Attorney, for defendant in error.
The case has been transferred to this court by the Supreme Court.
Plaintiff in error pleaded guilty to an information charging him with selling liquor contrary to the laws of this State, whereupon he was sentenced to confinement in the Illinois State Farm for a period of six months and to also pay a fine of $300 and costs and after the expiration of said term of imprisonment to stand committed to said farm until the whole of said fine and costs shall have been worked out by him at the rate of $1.50 per day. While plaintiff in error has assigned 14 errors on the record he states in his brief and argument that he relies upon only four of them to reverse the judgment.
The first error presented is that the statute relating to the Illinois State Farm is unconstitutional. Cahill's St. ch. 23, ¶¶ 248-254. This statute has been frequently held to be a valid enactment ( People v. Welch, 331 Ill. 20; People v. Landers, 329 Ill. 453; People v. Callicott, 322 Ill. 390); however, this court has no jurisdiction to pass upon the constitutionality of a legislative enactment.
The second error is that the county court had no jurisdiction to sentence plaintiff in error to the State Farm for the reason that said institution is not a penitentiary. This proposition has been decided adversely to such contention. People v. Callicott, supra.
The third error assigned is to the effect that the court erred in sentencing the defendant to work out a fine and costs. This proposition has also been decided in the negative. People v. Lavendowski, 329 Ill. 223; People v. Welch, supra.
The fourth error on which plaintiff in error relies is that the county court was without jurisdiction to sentence defendant to the State Farm as the judgment failed to find or state the age of the defendant. There is no such error of fact assigned on the record and the question is not properly before us for review; however, the record contains no bill of exceptions and it will be presumed the court found the age of the defendant and properly sentenced him. People v. Simmons, 299 Ill. 201; People v. Liedecker, 258 Ill. 395; People v. Lavendowski, supra. The failure to prove defendant's age will not work a reversal unless it appears from the record he was prejudiced thereby. People v. Rogers, 303 Ill. 578.
The judgment of the county court is affirmed.
Affirmed.