Morgan v. People

Citations

• 136 Ill. 161
• 26 N.E. 651
• 1891 Ill. LEXIS 957

Syllabus

<p>1. Trial by jury—waiver—in criminal case. Consent of a defendant in an indictment for a felony, on a plea of not guilty, can not confer jurisdiction upon the judge of the court to try the issue of fact, or dispense with the necessity of a finding of the fact of guilt by a jury.</p> <p>2. A judgment of the trial court sentencing a defendant to the penitentiary on an indictment for a. felony, based on the finding of the judge, is erroneous, and will be reversed, although a trial is had by the court without a jury, by the defendant’s consent.</p>