People v. Smith

By an indictment in the criminal court of Cook County plaintiff in error Olen Smith was charged with unlawfully selling a narcotic drug. He pleaded not guilty and waived trial by jury. On a trial before the court he was found guilty and was sentenced to the penitentiary for a term of one to five years. Bringing only the common-law record he comes to this court on writ of error, contending the court erred in hearing the testimony of certain witnesses, entering judgment and pronouncing sentence, all at a time when he was not personally present in court.

The record discloses that plaintiff in…