People v. Svete, 210 Ill. App. 421 (1918)

Feb. 12, 1918 · Illinois Appellate Court · Gen. No. 6,427
210 Ill. App. 421

The People of the State of Illinois, Defendant in Error, v. Martin Svete, Plaintiff in Error.

Gen. No. 6,427.

(Not to be reported in full.)

Abstract of the Decision.

1. Criminal law, § 580 * —when error in remarks by court deemed waived. If a motion for new trial is made by defendant in a criminal case, and the grounds thereof are stated in writing, the defendant is limited to those reasons and all other errors are deemed waived, such as impropriety in remarks by the court.

2. Criminal law, § 431*—when question of error in orally directing jury to return to jury róom and amend verdict not saved for review. The point that the court erred in orally directing the jury in a criminal case, upon its returning to the court room *422with a verdict finding the defendant guilty1 under a certain number of the counts in the indictment without specifying which ones, to return to the jury room and amend their verdict by giving the number of the counts under which they found the defendant guilty, is not saved for review where the only objection made at the time, and later in the motion for a new trial, was that it was error to direct the jury to amend the verdict.

*421Error to the Circuit Court of Lake county; the Hon. Claibe C. Edwards, Judge, presiding.

Heard in this court at the October term, 1917.

Affirmed.

Opinion filed February 12, 1918.

Rehearing denied April 9, 1918.

Statement of the Case.

Prosecution by the People of the State of Illinois, plaintiff, against Martin Svete, defendant, for unlawfully selling intoxicating liquor in anti-saloon territory. From a judgment of conviction under five counts, imposing a fine of $75 and sentencing him to imprisonment for 20 days under each count, and ordering confinement in the county jail until the fine and costs are paid, defendant brings error.

George W. Field, for plaintiff in error.

James G. Welch, for defendant in error.

Mr. Justice Dibell

delivered the opinion of the court.

*4223. Criminal law, § 583*—waiver of assignments of error not argued. Assignments of error, in a criminal case, which are not argued are deemed waived.