Guth v. the People

Herbert Guth, hereinafter referred to as defendant, on May 5, 1948, filed a motion in the nature of a writ of error coram nobis in the circuit court of Kane County to set aside a judgment against him for burglary and larceny. A motion to dismiss, filed on behalf of the People, was sustained after a hearing before the court. This appeal followed.

In his motion the defendant alleges that he was sentenced to the penitentiary on November 9, 1934, for the above offense for a term of not less than one year or for life; that he was induced to plead guilty to the charge by representations of the…