73 N.E.2d 278 | Ill. | 1947
The defendant, Alva Jones, was indicted in the circuit court of McLean county for burglary and larceny alleged to have been committed on November 22, 1930. The indictment further charged defendant's previous conviction in 1916 of the crimes of burglary and larceny. A jury found defendant guilty as charged in the indictment, and judgment was rendered on the verdict sentencing him to imprisonment in the penitentiary for life as a habitual criminal.
Appearing pro se, defendant prosecutes this writ of error. No bill of exceptions has been filed and the errors relied upon for reversal must be considered upon the common-law record. The pertinent facts, as they appear from the record, are that the grand jury which indicted *265 defendant on February 6, 1931, included five women among its members; that when arraigned on March 13, 1931, defendant pleaded not guilty, without challenging the array of the grand jury or moving to quash the indictment; that he was tried on March 24, 1931, by a petit jury which included six women among its members, and that he did not challenge the array or challenge any of the women jurors for cause. The record discloses that the petit jurors "were duly accepted by both Plaintiff and Defendant;" that the jury found him guilty as charged in the indictment, and that he was sentenced on June 18, 1931, to confinement in the penitentiary for life.
Seeking a reversal, defendant contends that the presence of women on the grand and petit juries made those bodies illegal and that, as a result, the indictment, trial and conviction were obtained in an illegal manner, and that he was denied due process of law and the equal protection of the laws, in contravention of State and Federal constitutional guaranties.
There is no question but that, under the jury statute then in force, the inclusion of women on the grand and petit juries which indicted and tried defendant was improper. (People ex rel. Fyfe
v. Barnett,
The judgment of the circuit court of McLean county is affirmed.
Judgment affirmed.