81 N.E.2d 186 | Ill. | 1948
Plaintiff in error, Clarence P. Syer, was found guilty of armed robbery by a jury in the Kane County circuit court and, after motions for a new trial and in arrest of judgment and for probation were overruled, he was sentenced December 16, 1936, to the penitentiary for one year to life. He seeks by writ of error to reverse the judgment against him. The case is here on the common-law record.
Plaintiff in error urges four grounds for reversal. He argues that the record does not show the court was duly organized for the September, 1936, term; that the record fails to show the indictment was returned in open court; that the court refused to order an investigation upon his application for parole but summarily denied same and that he was thereby denied due process of law.
An additional or supplemental record was filed herein on March 4, 1948, by leave of court. The record clearly shows the placita and organization of court on the second Monday of September, 1936. It recites the presence of the circuit judge, the clerk of the court, the State's Attorney and the sheriff, and shows that the September term was opened by due proclamation according to law. The record also shows that the court was duly organized on October 27, 1936, and on that day the grand jury empaneled for the September term, 1936, came into open court in charge of a sworn officer and presented to the *446 court the indictment against plaintiff in error. The record therefore is not subject to the objections made against it by the plaintiff in error.
This brings us to a consideration of the claim that the court erred in denying the application of plaintiff in error for probation without causing an investigation to be made. Plaintiff in error cites and relies upon People v. Donovan,
Judgment affirmed. *447