82 N.E.2d 163 | Ill. | 1948
February 21, 1935, plaintiff in error, Homer Cox, was indicted, tried and sentenced in the circuit court of Lawrence County on a count charging burglary and larceny. The indictment also contained a count which sought to convict him under the provisions of the Habitual Criminal Act. He waived a jury trial, pleaded guilty to the count charging burglary and larceny, and judgment was entered sentencing him to the penitentiary for a term of one year to life. Appearing pro se, and relying solely on the common-law record, Cox prosecutes this writ of error.
He first urges that the trial court erred in accepting his plea of guilty and sentencing him without benefit of counsel. The record shows that the trial court duly admonished plaintiff in error of the consequences of his plea, but even then he persisted in making it. The record is silent as to appointment of counsel, nor does plaintiff in error contend that he asked for and was denied assistance of counsel. In the recent case of People v.Wilson,
The next two errors assigned are based on alleged defects in the mittimus. He contends that by the terms of mittimus he is being confined as an habitual criminal even though he did not plead guilty to that count of the indictment. A prisoner duly convicted and sentenced to the penitentiary is confined to such institution not by virtue of the warrant of commitment but on account of the judgment and sentence against him in the trial court. (People v. Daulley,
The judgment of the circuit court of Lawrence County is affirmed.
Judgment affirmed.