The People v. Nitti

Illinois Supreme Court

The People v. Nitti

5 N.E.2d 476, 365 Ill. 20

CourtIllinois Supreme Court

DecidedDecember 10, 1936

DocketNo. 23570. Writ dismissed.

StatusPublished

Cited by1 cases

This text of 5 N.E.2d 476 (The People v. Nitti) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The People v. Nitti, 5 N.E.2d 476, 365 Ill. 20 (Ill. 1936).

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Opinion

Per Curiam :

In 1935, at the November term of the criminal court of Cook county, Frank Nitti was indicted and charged with having burglar’s tools in his possession with, intent to break and enter the shoe store of G. R. Kinney & Co., incorporated, with the intent to commit the crime of larceny on August 25, 1933.' He was permitted to withdraw his plea of not guilty and to file a special plea of former conviction, in which he set forth that he had been indicted by the Cook county grand jury at the September term, 1933, for an attempted burglary of the same store at the same time and place. He alleged that under the earlier indictment he had pleaded guilty to an attempt to commit petty larceny and had been sentenced to the house of correction for a period of six- months. The State’s attorney demurred to the plea of former conviction, and when the court overruled his demurrer he sued out this writ of error.

This case is controlled by our decisions in People v. Vitale, 364 Ill. 589, and People v. White, id. 574. For the reasons stated in the opinions in those cases this court is without jurisdiction, and the writ of error will be dismissed.

Writ dismissed.

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Per Curiam :

In 1935, at the November term of the criminal court of Cook county, Frank Nitti was indicted and charged with having burglar’s tools in his possession with, intent to break and enter the shoe store of G. R. Kinney & Co., incorporated, with the intent to commit the crime of larceny on August 25, 1933.' He was permitted to withdraw his plea of not guilty and to file a special plea of former conviction, in which he set forth that he had been indicted by the Cook county grand jury at the September term, 1933, for an attempted burglary of the same store at the same time and place. He alleged that under the earlier indictment he had pleaded guilty to an attempt to commit petty larceny and had been sentenced to the house of correction for a period of six- months. The State’s attorney demurred to the plea of former conviction, and when the court overruled his demurrer he sued out this writ of error.

This case is controlled by our decisions in People v. Vitale, 364 Ill. 589, and People v. White, id. 574. For the reasons stated in the opinions in those cases this court is without jurisdiction, and the writ of error will be dismissed.

Writ dismissed.

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Bluebook (online)

5 N.E.2d 476, 365 Ill. 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-people-v-nitti-ill-1936.

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