People v. LaCoco

The defendants, Nicholas LaCoco and Harry Wagner, together with Albert Smyth and Ray Auburn, were indicted in the criminal court of Cook County for the burglary of a currency exchange. Auburn died before the trial and Smyth was granted a severance from LaCoco. Wagner, upon being denied a severance from LaCoco, stood trial with him and a jury found each of them guilty of burglary, as charged. Defendants received like sentences of imprisonment in the penitentiary for terms of not less than forty nor more than fifty years, and now prosecute this writ of error.

The record discloses that, in the…