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PEOPLE v. SILVA

No. 31353.

405 Ill. 158 (1950)

89 N.E.2d 800

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. LUPE SILVA, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed January 18, 1950.

Attorney(s) appearing for the Case

FRANK A. McDONNELL, of Chicago, (WILLIAM L. CARLIN, and LOUIS A. ROSENTHAL, of counsel,) for plaintiff in error.

IVAN A. ELLIOTT, Attorney General, of Springfield, and JOHN S. BOYLE, State's Attorney, of Chicago, (JOHN T. GALLAGHER, and RUDOLPH L. JANEGA, both of Chicago, of counsel,) for the People.

Reversed and remanded.

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

Plaintiff in error, Lupe Silva, was indicted and tried in the criminal court of Cook County for the crime of forcible rape. He entered a plea of not guilty and was tried before the court after a jury trial had been waived. He was found guilty as charged in the indictment and sentenced to the penitentiary for a term of ten years. Motion for a new trial was overruled and plaintiff...

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