Martin v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of Champaign county; the Hon. C. B. Smith, Judge, presiding. This was an indictment against Lewis Martin for selling intoxicating liquors without a license, to be drunk on the premises where sold. The indictment contained twelve counts.
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Writ of Error to the Circuit Court of Champaign county; the Hon. C. B. Smith, Judge, presiding. This was an indictment against Lewis Martin for selling intoxicating liquors without a license, to be drunk on the premises where sold. The indictment contained twelve counts. On a trial, the defendant was found guilty, as charged in each of the twelve counts, and the court rendered judgment for a fine of $600, and ordered that the defendant be committed to the county jail for 180 days. Mr. Jas. K. Edsall, Attorney General, for the People.
1Opinion of the Court
Per Curiam :
The judgment in this case was fatally defective. The judgment for imprisonment was for 180 days in gross. It should have fixed the imprisonment for a specific number of days on each count on which the jury found the defendant guilty, the imprisonment on the several counts to • commence at the expiration of each preceding term of imprisonment. This is the rule announced in the case of People ex rel. Massy v. Whitson, 75 Ill.-. That case governs this.
The judgment of the court below is reversed and the cause remanded.
Judgment reversed.
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