{
  "id": 2505333,
  "name": "The People of the State of Illinois, Defendant in Error, vs. Robert Johnson, Plaintiff in Error",
  "name_abbreviation": "People v. Johnson",
  "decision_date": "1945-01-17",
  "docket_number": "No. 28286",
  "first_page": "355",
  "last_page": "356",
  "citations": [
    {
      "type": "official",
      "cite": "389 Ill. 355"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "381 Ill. 21",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2557432
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/381/0021-01"
      ]
    },
    {
      "cite": "376 Ill. 374",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2540433
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/376/0374-01"
      ]
    }
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  "last_updated": "2023-07-14T17:15:43.220958+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Defendant in Error, vs. Robert Johnson, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Chief Justice Fulton\ndelivered the opinion of the court:\nThe plaintiff in error was convicted of burglary in the criminal court of Cook county on February 9, 1937. At the hearing, he waived trial by jury and the court found that he had before been convicted of grand larceny. The court, therefore, sentenced the plaintiff in error to life imprisonment because he was an habitual criminal.\nHe has sued out a writ of error in this court asking that the case be reversed and remanded upon the sole ground that \u201cthe indictment and judgment upon which the trial court found the defendant guilty of being heretofore convicted of Grand Larceny, was not an authentic copy of the previous conviction.\u201d\nPlaintiff in error has filed what purports to be a common-law record and an abstract thereof. No bill of exceptions appears in the record.\nThe plaintiff in error argues that no sufficient proof was made, at the trial, of his former conviction. However, without a bill of exceptions, there is no opportunity of determining what the evidence offered against him truly disclosed.\nHe further argues that the allegations in the indictment, No. 58071, of the criminal court of Cook county, pertaining to his previous conviction, are false and incorrect, but no copy of said indictment No. 58071 is contained in the record. No consideration can be given to the mere statment of plaintiff in error as to what the prior indictment contained. Everything necessary to decide the questions raised on appeal must appear in the abstract. Department of Finance v. Bode, 376 Ill. 374; People v. Mattei, 381 Ill. 21.\nIn the present state of the record, the plaintiff in error is not in position to raise the question relied upon and argued in his brief.\nThe judgment of the criminal court of Cook county is\naffirmed.\nT , \u00b1 \u00bfr Judgment affirmed.",
        "type": "majority",
        "author": "Mr. Chief Justice Fulton"
      }
    ],
    "attorneys": [
      "Robert Johnson, pro se.",
      "George F. Barrett, Attorney General, and Thomas J. Courtney, State\u2019s Attorney, of Chicago, (Edward E. Wilson, John T. Gallagher, Melvin S. Rembe, and Joseph A. Pope, all of Chicago, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "(No. 28286.\nThe People of the State of Illinois, Defendant in Error, vs. Robert Johnson, Plaintiff in Error.\nOpinion filed January 17, 1945\nRehearing denied March 19, 1945.\nRobert Johnson, pro se.\nGeorge F. Barrett, Attorney General, and Thomas J. Courtney, State\u2019s Attorney, of Chicago, (Edward E. Wilson, John T. Gallagher, Melvin S. Rembe, and Joseph A. Pope, all of Chicago, of counsel,) for the People."
  },
  "file_name": "0355-01",
  "first_page_order": 355,
  "last_page_order": 356
}