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THE PEOPLE v. SMUK

No. 34481.

12 Ill.2d 360 (1957)

146 N.E.2d 32

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. JOHN E. SMUK, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed November 20, 1957.

Attorney(s) appearing for the Case

JULIUS L. SHERWIN and THEODORE R. SHERWIN, both of Chicago, for plaintiff in error.

LATHAM CASTLE, Attorney General, of Springfield, and BENJAMIN S. ADAMOWSKI, State's Attorney, of Chicago, (FRED G. LEACH, BRUCE E. KAUFMAN, L. LOUIS KARTON, and ROBERT W. SCHERMAN, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE BRISTOW delivered the opinion of the court:

On January 31, 1956, Dr. John E. Smuk, in the criminal court of Cook County, was found guilty by a jury, of abortion. The usual post-trial motions were overruled, whereupon the defendant was sentenced to the Illinois State Penitentiary for a term of not less than one year and a maximum term of five years. Writ of error lands the cause in this court for review.

The prosecution...

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