People Ex Rel. Daley v. Suria

Does a circuit judge have authority to find a defendant guilty of a lesser included offense of the one for which the defendant was indicted when the defendant enters a guilty plea only to the greater offense? The State challenges such action by the trial judge, Fred G. Suria, a judge of the circuit court of Cook County, in the cases which are the subject of this proceeding.

Defendants Milton McCarter, Johnson Hughes, Ernest McCarter, Frank Sims, and Michael Alfred were charged in that court with various one-count indictments alleging possession of a controlled substance (heroin) with intent to…