Categories: Illinois Appellate Court Opinions

PEOPLE v TAYLOR, 319 Ill. App. 638 (1943)

49 N.E.2d 732

People of the State of Illinois, Defendant in Error, v. R. Taylor, Plaintiff in Error.

Gen. No. 42,160. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed May 5, 1943

CRIMINAL PROCEDURE, § 981[*] — when new trial will not be granted by Appellate Court because judgment rendered by trial court was improper. Where defendant, in criminal action, had a full, fair, and impartial trial in which no errors of law intervened, held he would not be accorded a new trial because of an alleged improper judgment, but the trial court would be directed to resentence him by proper judgment.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Error to Municipal Court of Chicago; Hon. OSCAR S. CAPLAN, presiding.

Reversed and remanded with directions that the court enter a judgment upon the court’s findings. Heard in third division, first district, this court at February term, 1942.

Page 639

Lawrence E. Dowd, for plaintiff in error;

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

Edward E. Wilson, John T. Gallagher and Melvin S. Rembe, Assistant State’s Attorneys, of counsel.

Opinion by JUSTICE HEBEL.

“Not to be published in full.” Opinion filed May 5, 1943.

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