The PEOPLE v. Powers

Illinois Supreme Court

The PEOPLE v. Powers

174 N.E.2d 803, 22 Ill. 2d 174, 1961 Ill. LEXIS 374

CourtIllinois Supreme Court

DecidedMay 19, 1961

Docket35858

StatusPublished

Cited by1 cases

This text of 174 N.E.2d 803 (The PEOPLE v. Powers) 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. Powers, 174 N.E.2d 803, 22 Ill. 2d 174, 1961 Ill. LEXIS 374 (Ill. 1961).

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Opinion

Mr. Justice Klingbiel

delivered the opinion of the court:

This case is before us on a writ of error to review a judgment of the criminal court of Cook County finding the defendant guilt}' of the crime of robbery. The sole error assigned is that the court permitted the jury’s verdict to be returned while plaintiff in error was absent from the court room.

This identical contention was advanced by plaintiff in error in a petition which was filed in the trial court under the Post-Conviction Hearing Act. A judgment was entered in the Post-Conviction case denying the prayer of the petition and plaintiff in error did not attempt to seek a review of that judgment. The judgment of the trial court in that case is res judicata. (People v. Byrd, 21 Ill.2d 114; Merkie v. People, 15 Ill.2d 539; People v. Lewis, 2 Ill.2d 328.) The question is therefore not now open for consideration.

The judgment of the criminal court of Cook County is therefore affirmed.

Judgment affirmed.

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Mr. Justice Klingbiel

delivered the opinion of the court:

This case is before us on a writ of error to review a judgment of the criminal court of Cook County finding the defendant guilt}' of the crime of robbery. The sole error assigned is that the court permitted the jury’s verdict to be returned while plaintiff in error was absent from the court room.

This identical contention was advanced by plaintiff in error in a petition which was filed in the trial court under the Post-Conviction Hearing Act. A judgment was entered in the Post-Conviction case denying the prayer of the petition and plaintiff in error did not attempt to seek a review of that judgment. The judgment of the trial court in that case is res judicata. (People v. Byrd, 21 Ill.2d 114; Merkie v. People, 15 Ill.2d 539; People v. Lewis, 2 Ill.2d 328.) The question is therefore not now open for consideration.

The judgment of the criminal court of Cook County is therefore affirmed.

Judgment affirmed.

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Bluebook (online)

174 N.E.2d 803, 22 Ill. 2d 174, 1961 Ill. LEXIS 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-people-v-powers-ill-1961.

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