158 N.E. 148 | Ill. | 1927
At the February term, 1922, of the circuit court of Henry county Charles Queen entered a plea of guilty in manner and form as charged in an indictment returned against him for robbery. His age was found to be eighteen years and he was admitted to probation, but at the June term of the court he was charged with a violation of his probation and ordered to show cause why he should not be sentenced. The order for his probation was set aside and he was sentenced to imprisonment in the State penitentiary at *493 Joliet until discharged in due course of law. This writ of error is sued out to reverse the judgment on the ground that the Parole law of 1917, under which the plaintiff in error was sentenced, is unconstitutional, and that clause 1 of section 3 of that law violates section I of the fourteenth amendment of the Federal constitution and section 29 of article 6 of the State constitution.
In the first sentence of section 3 it is provided that, except for the crimes enumerated in section I, every person over ten years of age who should be guilty of a felony or other crime punishable by imprisonment in the penitentiary or by imprisonment either in the penitentiary or jail, and as to whom the court shall not have assessed the jail sentence, shall in all such cases, except as otherwise provided in clauses 1 to 4, inclusive, of the section, be sentenced to the penitentiary; and clause 1 provides that every male person between the ages of sixteen and twenty-six years, except in capital cases, may, in the discretion of the court, be sentenced to the reformatory instead of the penitentiary. This clause, under which the plaintiff in error was sentenced, he contends is void and denies the equal protection of the laws to those who are sentenced to the penitentiary, because it imposes a different penalty from that imposed on those who are sentenced to the reformatory and one which is more severe.
A sentence to the penitentiary renders the convict infamous while a sentence to the reformatory carries with it no such result. It is therefore a severer grade or degree of punishment than a sentence to the reformatory and involves consequences to the convict of a much more serious character, as was held inPeople v. Mallary,
In Standard Oil Co. v. Missouri,
In Howard v. Fleming,
The plaintiff in error in this case waived his right to a trial by jury by his plea of guilty and submitted to have the punishment to be suffered by him fixed by the court in accordance with the provisions of the statute. The sentence imposed was within the limitations of the statute, and the judgment is affirmed.
Judgment affirmed. *496