15 N.E.2d 873 | Ill. | 1938
Plaintiff in error was indicted in the criminal court of Cook county, together with John Harrison, for robbery while armed. He was found guilty by a jury and sentenced *96 to imprisonment for a period of from one year to life, and prosecutes this writ of error to secure a reversal of the judgment.
The only evidence in the record which connects the plaintiff in error with the robbery consists of two statements, one made by him to the police after his arrest, and the other a joint statement made by him and Harrison several days later. The joint statement of Harrison and Roach was read to the jury by a police officer over objections that a proper foundation had not been laid. The individual statement of the plaintiff in error was introduced in evidence, on rebuttal, over objections that it was involuntary, having been obtained by fraud and duress. No hearing was had by the court out of the presence of the jury for the purpose of determining whether or not either of these statements was voluntary.
We have held that a confession to which no objection is made is properly admitted in evidence without the introduction of preliminary proof, (People v. Costello,
It will be unnecessary to consider any other errors that are urged and, since the case must be tried again, we will not comment on the evidence.
For the errors indicated in the foregoing opinion, the judgment of the criminal court of Cook county is reversed and the cause is remanded to that court.
Reversed and remanded.