PEOPLE v. MARTIN

Gen. No. 49,912.

69 Ill. App.2d 12 (1966)

216 N.E.2d 170

People of the State of Illinois, Plaintiff-Appellee, v. Erwin J. Martin, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

February 17, 1966.


Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender of Cook County, of Chicago (James J. Doherty and Frederick F. Cohn, Assistant Public Defenders, of counsel), for appellant.

Daniel P. Ward, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and Joel M. Flaum, Assistant State's Attorneys, of counsel), for appellee.


MR. JUSTICE DEMPSEY delivered the opinion of the court.

Erwin Martin was found guilty of theft in a nonjury trial and after a hearing in mitigation and aggravation was sentenced to the penitentiary for a period of 4 to 8 years. The sole contention on appeal is that the trial court committed reversible error in not conducting a hearing to determine if the defendant was mentally competent at the time of trial.

The defendant was observed by police officers at...

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