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PEOPLE v. GILBREATH

No. 32595.

1 Ill.2d 306 (1953)

115 N.E.2d 758

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. GEORGE GILBREATH, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed November 18, 1953.

Attorney(s) appearing for the Case

JULIUS LUCIUS ECHELES, of Chicago, for plaintiff in error.

LATHAM CASTLE, Attorney General, of Springfield, and JOHN GUTKNECHT, State's Attorney, of Chicago, (JOHN T. GALLAGHER, RUDOLPH L. JANEGA, and ARTHUR F. MANNING, all of Chicago, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE BRISTOW delivered the opinion of the court:

George Gilbreath seeks here a reversal of the judgment entered in the criminal court of Cook County wherein he was sentenced to serve 25 years in the penitentiary. He was found guilty, after a trial before the court without a jury, of the crime of selling two capsules of heroin, a narcotic drug, to a person under 21 years of age.

The prosecution was predicated upon an alleged...

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