The People v. Kendall

The plaintiffs in error, Frank Kendall and John Prief, were jointly indicted with Elmer Benson, Charles Smythe and Lloyd Cox, in the circuit court of Peoria county, on a charge of robbery while armed. Benson was found not guilty, Smythe was never apprehended, and another participant in the robbery, one Adams, was killed in the course of the hold-up. Kendall and Prief were found guilty and sentenced to an indeterminate term of from one year to life in the penitentiary and prosecute this writ of error.

The facts are in part controverted but appear substantially in the record as follows,…