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8 Ill. 2d 135

People v. Chinn

Illinois Supreme Court

Decided March 22, 1956

Illinois Supreme Court · decided 1956-03-22

Relies on 5 Ill. 2d 55 - People v. Stucker

Decided 1956-03-22

Mr. Justice Bristow

¶1delivered the opinion of the court:

¶2Plaintiff in error, Charlie Chinn, appearing in his own behalf, prosecutes this writ of error for a review of the common-law record of his 1954 conviction of the crime of armed robbery.

¶3The judgment entered herein which is challenged because the sentence is allegedly too uncertain and ambiguous reads as follows: “Defendant sentenced to the Illinois State Penitentiary for a term of not less than one year nor more than life and it is provided that as a part of this sentence he be confined not less than eight years nor more than fifteen years.”

¶4This court had occasion to consider this identical problem at this term in case No. 33795, People v. Whitcomb, and concluded that the challenged sentence duly complied with section 2 of the Sentence and Parole Act as amended in 1943. People v. Stacker, 5 Ill.2d 55.

¶5We adhere tO' the conclusions reached in the Whitcomb case, thus necessitating an affirmance of the judgment entered herein.

¶6Judgment affirmed.

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