#### The People of the State of Illinois, Defendant in Error, v. Nelson King, Plaintiff in Error.

Gen. No. 20,634.

(Not to be reported in full.)

Error to the Criminal Court of Cook county; the Hon. Charles A. McDonald, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1915.

Reversed and remanded.

Opinion filed April 13, 1915.

Statement of the Case.

Prosecution by The People of the State of Illinois against Nelson King on an indictment charging larceny and operation of a confidence game. From a judgment entered on a verdict of guilty, the defendant prosecutes a writ of error.

The record on appeal showed an indictment against the plaintiff in error containing two counts, one charging the obtaining of thirty dollars by means and use of the confidence game and the other larceny of *237that sum, the waiver of the “felony charge” by the People, a plea of “not guilty of obtaining money by false pretenses, ’ ’ a waiver of jury trial by plaintiff in error, and an order adjudging the defendant guilty of obtaining money by false pretenses upon the indictment in the cause and a plea of guilty, and sentencing him to the House of Correction for one year.

Abstract of the Decision.

Criminal law, § 371 * —when conviction on waiver of felony improper. Where, in an indictment charging the defendant with obtaining thirty dollars by means and use of a confidence game and with larceny of that sum, the “felony charge” is waived by the People, no conviction can be had for obtaining money by false pretenses inasmuch as the waiver eliminated both charges, no conviction being valid on any charge not set forth in an indictment even though entered on a plea of guilty.

Edward H. Wright, for plaintiff in error; George W. Blackwell, of counsel.

No appearance for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Barnes

delivered the opinion of the court.