Caracci v. Lillard

Defendant Louis Nelson pleaded guilty on May 26, Page 338 1955, to the crime of assault with intent to commit murder before the criminal court of Cook County. On June 16, 1955, he was placed on probation for a five-year period, and required to serve the first 90 days thereof in the county jail. While defendant was still on probation he was indicted on June 12, 1958, for the murder of his estranged wife. Pursuant to his plea of guilty to involuntary manslaughter in that cause, defendant was on August 11, 1958, sentenced to the Illinois State Penitentiary for a term of not less than 6 nor more than 10 years. Pending the disposition of the murder charge, however, an order was entered for defendant to show cause why his probation, in connection with the prior crime, should not be revoked. At the hearing thereon on September 17, 1958, the court revoked defendants probation and sentenced him upon his original conviction to a term of not less than 5 years nor more than 14 years, to commence after the expiration of his sentence for manslaughter. From that judgment and sentence, defendant has prosecuted this writ of error.