PEOPLE v. SMITH

No. 33530.

6 Ill.2d 414 (1955)

129 N.E.2d 164

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. OLEN SMITH, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed September 23, 1955.


Attorney(s) appearing for the Case

AARON H. PAYNE, and LYCURGUS J. CONNER, both of Chicago, for plaintiff in error.

LATHAM CASTLE, Attorney General, of Springfield, and JOHN GUTKNECHT, State's Attorney, of Chicago, (FRED G. LEACH, GEORGE W. SCHWANER, JR., JOHN T. GALLAGHER, RUDOLPH L. JANEGA, and WILLIAM L. CARLIN, of counsel,) for the People.


Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

By an indictment in the criminal court of Cook County plaintiff in error Olen Smith was charged with unlawfully selling a narcotic drug. He pleaded not guilty and waived trial by jury. On a trial before the court he was found guilty and was sentenced to the penitentiary for a term of one to five years. Bringing only the common-law record he comes to this court on writ of error...

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