People v. Cohen
Appellate Court of Illinois
Error to the Criminal Court of Cook county; the Hon. George Kersteet, Judge, presiding. Heard in the Branch Appellate Court at the .October term, 1911.
1Opinion of the CourtJustice Barnes
The plaintiff in error was convicted of petit larceny, on a trial before the court without the intervention of a jury, trial by which was duly waived.'
Belying upon the case of People v. Russell, 245 Ill. 268, in which it was held that petit larceny being an infamous offense must be prosecuted by indictment, and, therefore, tried before a court and jury, his counsel contends that the court was without jurisdiction to try the case without a jury.
There was evidently a failure to notice that an act in force May 29, 1911, amending section 7 of division two of the act in relation to criminal…
2Cases cited2 opinions
- People v. RussellIllinois Supreme Court · 1910
- Sloncen v. PeopleAppellate Court of Illinois · 1895
3Cited by2 opinions
- People v. HamptonAppellate Court of Illinois · 1972
- People Ex Rel. City of Kankakee v. MorrisAppellate Court of Illinois · 1984