84 N.E.2d 832 | Ill. | 1949
On March 28, 1947, plaintiff in error, William Wheeler, was sentenced to the Illinois State Penitentiary by the circuit court of Greene County for the offense of larceny. He brings this writ of error pro se. *79
The assignment of errors urges four grounds for reversal. (1) The trial court erred in consolidating the offenses of embezzlement, larceny by bailee, and grand larceny, in one proceeding. (2) The grand jury could not lawfully return an indictment found on the testimony of only one witness. (3) The judgment is erroneous because it was rendered on a general finding of larceny where the indictment charged only embezzlement. (4) The court erred in giving oral instructions in lieu of written instructions as required by statute.
Only the common-law record has been presented for review. This does not contain anything regarding the instructions or other proceedings occurring at the trial. The court, therefore, cannot pass upon the fourth assignment of error, since there is nothing before the court from which the error assigned could be determined. People v. Burnett,
The indictment contains two counts. One count alleges that plaintiff in error fraudulently and feloniously embezzled and fraudulently converted to his own use one bull of the value of $150, the personal chattel property of one Charles H. Brown, which had been loaned to plaintiff in error. The other count was practically the same except it charged that the personal property of one Charles Brown had been entrusted to plaintiff in error as bailee. An indictment in substantially the same form has been held sufficient to charge the offense of larceny by bailee. (McCracken v. People,
Plaintiff in error's contention that the indictment must be found upon the testimony of more than one witness is likewise without merit. The statute specifically provides that the grand jury may find an indictment on the oath of one witness, except in cases of treason and perjury. (Ill. Rev. Stat. 1945, chap. 38, par. 715.) The statute also requires that the foreman of the grand jury shall note on the indictment "the name or names of the witness or witnesses upon whose evidence the same shall have been found." (Ill. Rev. Stat. 1945, chap. 78, par. 17.) The name of one witness was endorsed on the back of the indictment. This was sufficient to comply with the statute. (Andrews v. People,
For the reason that there is no error apparent in the record, the judgment of the circuit court of Greene County is affirmed.
Judgment affirmed, *81