Appellate Court of Illinois July 1, 1965, Gen. 49,837 (People v. Smith)

ME. PEESIDING JUSTICE DEMPSEY

delivered the opinion of the court.

The defendant, Harold E. Smith, complains that the trial conrt sentenced him to the penitentiary without having held a hearing in mitigation, that the court refused to consider his application for probation and that his sentence is excessive.