PEOPLE v. STURCH, 321 Ill. App. 306 (1944)

52 N.E.2d 831

Gen. No. 42,690. (Abstract of Decision.)Appellate Court of Illinois, Chicago, First District.
Opinion filed January 24, 1944 Rehearing denied February 8, 1944

CRIMINAL PROCEDURE, § 195[*] — when denial of motion for continuance not error. In prosecution for malicious mischief, trial court did not err in denying defendant’s motion for continuance because of prejudicial article published in newspaper of community about the time of the beginning of the trial, where it did not appear that any of jurors had read article complained of, or that defendant was injured thereby.

Error to the Criminal Court of Cook county; the Hon. STANLEY H. KLARKOWSKI, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the June term, 1943.

George M. Crane and Emmett A. Moynihan, for plaintiff in error;

Thomas J. Courtney, State’s Attorney, for defendant in error;

Edward E. Wilson, John T. Gallagher, Melvin S. Rembe, Richard B. Austin and Alex J. Napoli, Assistant State’s Attorneys, of counsel.

Opinion by JUSTICE MATCHETT.

Not to be published in full. Opinion filed January 24, 1944; rehearing denied February 8, 1944.

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