Hamilton v. People

Citations

• 71 Ill. 498

Syllabus

<p>1. Criminal law—power of the court where prisoner pleads guilty to an indictment for murder. The only limitation placed upon the power of the court by the act of 1867, in relation to capital punishment, is, that, it shall sentence no person convicted of murder to death, unless the jury have so returned, as a part of their verdict; and the 18Ud section of the Oripiinal Code of 1845 not being inconsistent with the act of 1867, is not repealed by it; and under tills, the last named section, the court has the power, when a person indicted for murder pleads guilty, to sentence him to imprisonment in the penitentiary for life.</p> <p>2. The act of 1869, amendatory of the law of 1867, so far as it applies to the power of the court to sentence a prisoner to imprisonment in the penitentiary upon a plea of guilty to au indictment for murder, conferred no new power. It simply re-enacted the law as'it then stood.</p>