Sloncen v. People
Appellate Court of Illinois
Indictment for a Misdemeanor.—Error to the Criminal Court of Cook County: the Hon. John Barton Payne, Judge, presiding. Submitted at the March term, 1895. Statement oe the Case. This is an appeal from a judgment sentencing the appellant to one year in the house of correction. The first count in the indictment upon which the defendant was arraigned, was for an assault with intent to kill.
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Indictment for a Misdemeanor.—Error to the Criminal Court of Cook County: the Hon. John Barton Payne, Judge, presiding. Submitted at the March term, 1895. Statement oe the Case. This is an appeal from a judgment sentencing the appellant to one year in the house of correction. The first count in the indictment upon which the defendant was arraigned, was for an assault with intent to kill. He was put upon his trial without a jury, the jury having been waived “ by oral agreement between the state’s attorney and the defendant.” Before going, to trial the state’s attorney elected “ not to further…
1Opinion of the Court
Mr. Presiding Justice Waterman
delivered the opinion of the Court.
The election to and statement by the state’s attorney that he would not further prosecute the first count of the indictment, was equivalent to a nolle proseqqid as to such count. The finding of the court has reference only to the counts remaining.
We do not regard the statute as requiring that in a case of this kind the waiver of trial by jury shall be in writing. The statute provides “ That no person shall be imprisoned for non-payment of a fine or a judgment in any civil, criminal, quasi-criminal or cqui tam action, except upon…
2Cited by5 opinions
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- People v. CohenAppellate Court of Illinois · 1912