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PEOPLE v. KIRKENDOLL

No. 32749.

415 Ill. 404 (1953)

114 N.E.2d 459

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. ROBERT LEE KIRKENDOLL, Plaintiff in Error.

Supreme Court of Illinois.

Rehearing denied September 21, 1953.

Attorney(s) appearing for the Case

AARON H. PAYNE, of Chicago, (JULIAN B. WILKINS, of counsel,) 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:

The plaintiff in error, Robert T. Kirkendoll, a colored boy, 19 years of age, hereinafter referred to as defendant, was found guilty of forcible rape by a jury in the criminal court of Cook County, and his punishment was fixed at 75 years in the penitentiary. To review the record, after motions for a new trial and in arrest of judgment were overruled, this writ of error is prosecuted...

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