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PEOPLE v. JOYCE

No. 32800.

1 Ill.2d 225 (1953)

115 N.E.2d 262

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff in Error, v. PATRICK JOYCE, Defendant in Error.

Supreme Court of Illinois.

Rehearing denied November 16, 1953.

Attorney(s) appearing for the Case

LATHAM CASTLE, Attorney General, of Springfield, and JOHN GUTKNECHT, State's Attorney, of Chicago, (JOHN T. GALLAGHER, ROBERT McDONNELL, ROBERT MACKEY, and WILLIAM J. McGAH, JR., all of Chicago, of counsel,) for the People.

FRANCIS T. McCURRIE, of Chicago, (JOHN M. BRANION, JOHN M. FLAHERTY, and WILLIAM FITZPATRICK, of counsel,) for defendant in error.

Reversed and remanded.

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

In 1929 Patrick Joyce was indicted for the crime of murder, found guilty by a jury, and sentenced to imprisonment for life. In 1951 he filed a petition under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1951, chap. 38, pars. 826-832,) to have his conviction set aside. A hearing was had in the criminal court of Cook County and the court granted the petition, vacated the...

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