71 N.E.2d 25 | Ill. | 1947
Plaintiff in error, Harry Creviston, prosecutes the writ of error in this case for the purpose of reviewing a judgment of the circuit court of Randolph county. At the March term, 1937, of the circuit court of Randolph county, he was indicted for the crime of robbery. The indictment *79 consists of four counts. Each charges the defendant with the crime of robbery while armed. Upon his plea of guilty he was sentenced to the penitentiary for a term of one year to life. He contends in this court that he was denied due process of law; that it was the duty of the court to hear evidence in aggravation or mitigation of the offense, and that he did not plead guilty to the crime of armed robbery, but only to the crime of robbery, and that he should have been sentenced for a term of not less than one year nor more than twenty years. The case is presented here on the common-law record only.
In support of his contentions, he sets up facts in his brief which are contrary to the record. He contends that he was arraigned with two other codefendants, indicted jointly with him; that when the court arraigned the defendants and asked them if they were guilty or not guilty, one of his codefendants answered guilty; that he himself did not plead either guilty or not guilty but stood mute. He further contends that having stood mute, the court should have entered a plea of not guilty. The record does not support this contention. The record imports verity and cannot be contradicted by statements in the brief. (People v. Conn,
He further contends that he was not allowed to consult an attorney and that the court should have appointed counsel for him. The failure to appoint counsel to represent the defendant is not error where the record does not show that he took any affirmative steps to have counsel appointed *80
as prescribed in section 2 of division XIII of the Criminal Code.(People v. McElhaney,
As to his contention that he pleaded guilty only to the crime of robbery unarmed and that the court erroneously sentenced him for armed robbery, each count of the indictment charged him with armed robbery. He pleaded guilty to the crime of robbery as charged in the indictment. This was clearly a plea of guilty to armed robbery, as charged in each of the four counts of the indictment. Similar contentions were rejected in People v.Wooten,
The judgment of the circuit court of Randolph county is affirmed.
Judgment affirmed.