Summary
In People v. Warren, 314 Ill. App. 198, it appeared that defendant had been convicted of the crime of abortion and placed on probation. Subsequently the chief Probation Officer filed a petition with a memorandum of the State's Attorney attached which charged the commission of a similar crime.
Summary of this case from People v. PriceOpinion
Gen. No. 42,097. (Abstract of Decision.)
Opinion filed March 24, 1942.
PARDONS AND PAROLES, § 4 — summary revocation of parole denied. Where plaintiff in error was convicted of the crime of abortion and placed on probation and subsequently the chief probation officer filed a petition with a memorandum of the State's Attorney attached charging commission of a similar crime, and on a rule to show cause the probation was terminated and probationer sentenced, the statements contained in the State's Attorney's memorandum on which the court acted were predicated on hearsay and it was not satisfactory proof of the matters charged, and summary revocation of probation upon hearsay statements, without a hearing, was not a sufficient compliance with the statute (Ill. Rev. Stat. 1941, ch. 38, par. 789; Jones Ill. Stats. Ann. 37.776).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Criminal Court of Cook county; Hon. GEORGE FRED RUSH, presiding.
Clarence W. Shaver, for plaintiff in error;
Louis E. Levinson, of counsel;
Thomas J. Courtney, State's Attorney, for defendant in error;
Edward E. Wilson, John T. Gallagher and Melvin S. Rembe, Assistant State's Attorneys, of counsel.
"Not to be published in full."