{
  "id": 2849401,
  "name": "The People of the State of Illinois, Appellee, vs. James Cook, Jr., Appellant",
  "name_abbreviation": "People v. Cook",
  "decision_date": "1969-05-28",
  "docket_number": "No. 41732",
  "first_page": "558",
  "last_page": "559",
  "citations": [
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      "type": "official",
      "cite": "42 Ill. 2d 558"
    }
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  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
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    "name_long": "Illinois",
    "name": "Ill."
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      "category": "reporters:federal",
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    {
      "cite": "372 U.S. 353",
      "category": "reporters:federal",
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  "last_updated": "2023-07-14T15:08:33.608403+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Appellee, vs. James Cook, Jr., Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Ward\ndelivered the opinion of the court:\nThe appellant, James Cook, Jr., having entered a plea of guilty in the circuit court of McDonough County on January 12, 1965, to an information charging him with the offense of aggravated battery, was admitted to probation on February 9, 1965. However, on March 3, 1967, following a complaint that he had committed an assault and battery, a hearing was conducted on a petition to revoke probation. The appellant\u2019s probation was revoked and he was sentenced to the penitentiary for a term of 4 to 5 years.\nOn May 3, 1968, the appellant filed a petition seeking relief under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1967, ch. 38, par. 122 \u2014 1 et seq.), and counsel was appointed to represent him. The trial court, after examining the petition and transcripts of proceedings at his plea and at the revocation of his probation, denied the petition without an evidentiary hearing, sajdng that no substantial constitutional question had been presented. He has appealed pro se from this denial, contending that under the allegations of his petition an evidentiary hearing should have been ordered.\nHowever we do not reach a consideration of the merit, if any, underlying this appeal. It appears from the record that the appellant is indigent. This is the first appellate review of his conviction and he is here without counsel. While he has not requested this court to appoint an attorney to represent him, we consider that pronouncements of the Supreme Court in Douglas v. California, 372 U.S. 353, 9 L. Ed. 2d 811; Swenson v. Bosler, 386 U.S. 258, 18 L. Ed. 2d 33, and Entsminger v. Iowa, 386 U.S. 748, 18 L. Ed. 2d 501, require the appointment of counsel. Therefore, we vacate the order under which we took this cause under advisement and an order will be entered appointing counsel for the appellant.\nOrder taking case vacated.",
        "type": "majority",
        "author": "Mr. Justice Ward"
      }
    ],
    "attorneys": [
      "James Cook, Jr., pro se.",
      "William J. Scott, Attorney General, of Springfield, and Lyle W. Robbins, State\u2019s Attorney, of Macomb, (Fred G. Leach, Assistant Attorney General, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "(No. 41732.\nThe People of the State of Illinois, Appellee, vs. James Cook, Jr., Appellant.\nOpinion filed May 28, 1969.\nJames Cook, Jr., pro se.\nWilliam J. Scott, Attorney General, of Springfield, and Lyle W. Robbins, State\u2019s Attorney, of Macomb, (Fred G. Leach, Assistant Attorney General, of counsel,) for the People."
  },
  "file_name": "0558-01",
  "first_page_order": 568,
  "last_page_order": 569
}