Legal Opinion · Dissent

People v. Young

Appellate Court of Illinois

Decided March 21, 1974No. 12053Published

1DissentJustice Trapp

The precise issue raised here has been decided by the Illinois Supreme Court in People v. Richardson, 43 Ill.2d 318, 253 N.E.2d 420. It is not the province of this court to overrule either that decision or the provisions of Supreme Court Rule 402. People v. Billingsley, 97 Ill.App.2d 54, 239 N.E.2d 475.

It further appears that the asserted constitutional issue was neither raised before, nor passed upon, by the trial court. Under the rule of People v. Luckey, 42 Ill.2d 115, 245 N.E.2d 769 and People v. English, 31 Ill.2d 301, 201 N.E.2d 454, such issue is not properly the subject of review here.

2Cases cited5 opinions

  1. The People v. EnglishIllinois Supreme Court · 1964
  2. The PEOPLE v. LuckeyIllinois Supreme Court · 1969
  3. The PEOPLE v. HaleIllinois Supreme Court · 1964
  4. The PEOPLE v. RichardsonIllinois Supreme Court · 1969
  5. People v. BillingsleyAppellate Court of Illinois · 1968

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