Martin v. People, 76 Ill. 499 (1875)

Jan. 1875 · Illinois Supreme Court

76 Ill. 499

Lewis Martin v. The People of the State of Illinois.

Criminal law—judgment on conviction for several offenses. Where a defendant is convicted of several offenses under different counts of the same indictment, it is error to render judgment ordering the imprisonment of the defendant a gross number of days in all. It should fix the imprisonment for a specific, number of days on each count on which a conviction is had, the imprisonment on the several counts to commence at the expiration of each preceding term.

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.

Messrs. Sweet & Day, for the plaintiff in error

Mr. Jas. K. Edsall, Attorney General, for the People.

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.