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PEOPLE v. CHILDRESS

No. 32881.

1 Ill.2d 431 (1953)

115 N.E.2d 794

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. EUGENE PHILLIP CHILDRESS, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed November 18, 1953.

Attorney(s) appearing for the Case

JOSEPH E. CLAYTON, JR., 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, ARTHUR F. MANNING, and ROBERT McDONNELL, all of Chicago, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE MAXWELL delivered the opinion of the court:

Eugene Phillip Childress prosecutes this writ of error from a judgment and sentence of the criminal court of Cook County. Tried upon an indictment for murder of one Alexander Plank, Childress, hereinafter referred to as defendant, was found guilty by a jury and his punishment was fixed at death. Motions for a new trial and in arrest of judgment were overruled and defendant was sentenced...

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