People v. Ramey

The defendant was indicted for the offense of armed robbery. He was convicted of the lesser included offense of theft of property having a value of less than $150. Inasmuch as the defendant had incurred a previous conviction for theft he was sentenced under section 16 — 1 of the Criminal Code (Ill. Rev. Stat. 1971, ch. 38, par. 16 — 1) to serve not less than 1 year nor more than 5 years in the penitentiary.

The defendant appeals from this conviction and from the sentence thereunder on four grounds; (1) that the jury should not have been instructed on a lesser included offense which he was not…