Opinion
Gen. No. 44,582. (Abstract of Decision.)
Opinion filed March 1, 1949 Released for publication May 12, 1949
CRIMINAL PROCEDURE, § 969 — sentences on conviction not annulled although there had been adjudication that defendant was feeble-minded. That defendant had been adjudged to be feeble-minded by municipal court of Chicago and had not been judicially restored to reason before being indicted and tried for armed robbery was not ground for annulling judgments of criminal court of Cook county sentencing defendant on conviction for robbery, even if the People had been represented by same State's attorney in all proceedings against defendant and such attorney did not inform court in proceedings on charges of robbery that defendant had been previously adjudged to be feeble-minded, since adjudication of feeble-mindedness was prima facie but not conclusive evidence of defendant's criminal irresponsibility, and duty of raising question whether defendant was mentally incompetent rested upon him and his counsel.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Criminal Court of Cook County; the Hon. JOHN F. HAAS, Judge, presiding.
Reversed. Heard in the second division, first district, this court at the October term, 1948.
William J. Tuohy, State's Attorney, for appellant;
John T. Gallagher, and Melvin S. Rembe, Assistant State's Attorneys, of counsel;
Paul E. Thurlow, for appellee.
Not to be published in full. Opinion filed March 1, 1949; released for publication May 12, 1949.