The People v. Watkins

delivered • the opinion of the court:

The defendant, James Watkins, was tried in the criminal court of Cook County upon a charge of possession of “policy” slips. Count 1 of the indictment charged him with possession; count 2 repeated that charge and also charged a former conviction for the same offense. (Ill. Rev. Stat. 1959, chap. 38, par. 413.) He was first found guilty on count 2 of the indictment, and then, after he had applied for probation, the prosecution’s motion to nolle prosse count 2 was allowed and he was sentenced to six months in the county jail on count 1.

Upon the merits the…