#### The People of the State of Illinois, Defendant in Error, v. Moses Brown, Plaintiff in Error.

Gen. No. 6,068.

(Not to be reported in full.)

Error to the Circuit Court of DeKalb county; the Hon. Mazzini Slusser, Judge, presiding.

Heard in this court at the April term, 1915.

Affirmed.

Opinion filed October 20, 1915.

*401Abstract of the Decision.

1. Criminal law, § 344 * —when proper to receive verdict in absence of defendant. In a misdemeanor case it is not error to receive a verdict while defendant is absent from the court room on bail.

2. Criminal law, § 692 * —when judgment affirmed by .operation of law. Where one of the judges of the Appellate Court is disqualified and the others are divided in opinion as to whether a judgment should be affirmed or reversed, the judgment is affirmed by operation of law.

Statement of the Case.

Prosecution by the People of the State of Illinois against Moses Brown, defendant, in the Circuit Court of DeKalb county. To reverse a judgment of conviction, defendant prosecutes this writ of error. ;

James W. Cliffe, for plaintiff in error.

Lowell B. Smith, for defendant in error; E. M. Burst, of counsel.

*

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

Per Curiam.