56 N.E.2d 814 | Ill. | 1944
The plaintiff in error, William B. Daulley, pleaded guilty to the crime of forgery in the circuit court of Madison county on June 16, 1943, and was sentenced by that *404 court to the Illinois State Penitentiary for a term of from one to fourteen years and there to remain until discharged according to law. The plaintiff in error appears in this court pro se. He presents no bill of exceptions or proceedings had in the court below, but urges that there is substantial error shown in the common-law record filed herein from the circuit court of Madison county.
In what purports to be an abstract of record in this court, two errors are assigned as follows:
1. The court erred in fixing a definite place where the sentence should be served.
2. The court erred in not hearing evidence in aggravation and mitigation of the offense.
The errors will be considered in the order presented. The statute in force and effect at the time the plaintiff in error was sentenced in this case provided that all commitments should be made to the Illinois State Penitentiary generally and that the Department of Public Safety should have full power to assign the committed person to the division of the penitentiary system appropriated to his class. (Ill. Rev. Stat. 1941, chap. 108, par. 107.) The judgment contained in the common-law record shows that the plaintiff in error was definitely sentenced to the "Illinois State Penitentiary." This sentence was in exact conformity with the provisions of the above statute. A copy of the penitentiarymittimus was also contained in the record filed and recites that the plaintiff in error was sentenced "to the penitentiary of this state at Menard."
It is contended by the plaintiff in error that the court erred in fixing a definite place of confinement where the sentence should be served. This court has many times held that all reasonable intendments not contradicted by the record are in favor of the validity of a judgment of conviction, and a person seeking reversal of such judgment has the burden of showing the illegality of such proceedings. (People v. Throop,
The second point, urging that the court erred in not hearing evidence in aggravation and mitigation of the offense, has recently been considered by this court in People v. Childers,
It is our opinion that the judgment and sentence imposed by the trial court in this case upon the plaintiff in error was entirely in accord with the laws of the State of Illinois and that the alleged errors relied upon by him are wholly without merit.
The judgment of the circuit court of Madison county is, therefore, affirmed.
Judgment affirmed.