Opinion
Gen. No. 41,117. (Abstract of Decision.)
Opinion filed November 20, 1940 Rehearing denied December 11, 1940
CRIMINAL PROCEDURE, § 709 — motion in nature of writ of error coram nobis. Motion in nature of writ of error coram nobis was properly denied, where defendant convicted of larceny contended that his attorney at the trial, an assistant to the public defender, improperly stipulated that value of telephone cable which had been stolen was $30, when actually it was worth about $5 and crime therefore was only petty larceny, but it appeared that issue of value had been before the court and a witness offered who had placed value at preliminary hearing at $8.50; the question before court below was thus whether evidence justified verdict, rather than whether there was a concealment of facts through fraud or subterfuge.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Criminal Court of Cook county; Hon. WILLIAM J. LINDSAY, presiding.
Affirmed. Heard in third division, first district, this court at February term, 1940.
Joseph B. Lofton and William J. Gleason, for appellant;
Thomas J. Courtney, State's Attorney, for appellee;
Edward E. Wilson, John T. Gallagher and Melvin S. Rembe, Assistant State's Attorneys, of counsel.
"Not to be published in full." Opinion filed November 20, 1940; rehearing denied December 11, 1940.