People v. Watson

Joseph Watson pleaded guilty to the crime of burglary in the criminal court of Cook County, was convicted and sentenced to serve a term of one to ten years in the Illinois State Penitentiary. He prosecutes this writ of error on the common-law record only, contends that the sentence was improper, and asks this court to remand the cause for proper sentence. Defendant urges that he was guilty of attempted burglary only and that his sentence should have been one to five years under section 37 of division I of the Criminal Code. Ill. Rev. Stat. 1953, chap. 38, par. 85.

The indictment, filed October…