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PEOPLE v. McMILLER

No. 31983.

410 Ill. 338 (1951)

102 N.E.2d 128

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. DOUGLAS McMILLER, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed November 27, 1951.

Attorney(s) appearing for the Case

LOUIS L. GOULD, and STEPHEN LEE, both of Chicago, for plaintiff in error.

IVAN A. ELLIOTT, Attorney General, of Springfield, and JOHN S. BOYLE, State's Attorney, of Chicago, (JOHN T. GALLAGHER, RUDOLPH L. JANEGA, ARTHUR F. MANNING, WILLIAM J. McGAH, JR., and PATRICK J. EGAN, all of Chicago, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE FULTON delivered the opinion of the court:

The plaintiff in error, Douglas McMiller, herein called the defendant, was on April 5, 1949, indicted in the criminal court of Cook County for the crime of murder. He waived trial by jury and the case was heard before the court. He was found guilty and the sentence imposed was the minimum under the law for murder, fourteen years in the penitentiary...

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