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PEOPLE v. SMITH

No. 31275.

404 Ill. 350 (1949)

88 N.E.2d 834

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. JESSE SMITH, JR., Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed November 22, 1949.

Attorney(s) appearing for the Case

DAN H. McNEAL, and WILMOT F. WARNER, both of Moline, for plaintiff in error.

IVAN A. ELLIOTT, Attorney General, of Springfield, and REYNOLDS M. EVERETT, State's Attorney, of Cambridge, (HARRY L. PATE, of Tuscola, of counsel,) for the People.

Judgment reversed.

Mr. CHIEF JUSTICE THOMPSON delivered the opinion of the court:

Plaintiff in error, Jesse Smith, Jr., hereinafter referred to as the defendant, was indicted in the circuit court of Henry County for the unlawful killing of one James Cox. Two separate indictments were returned against him, one charging manslaughter, the other murder. Motions to quash the indictments being denied, defendant waived a...

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