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THE PEOPLE v. BUSH

No. 35488.

19 Ill.2d 151 (1960)

166 N.E.2d 91

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. DARRELL BUSH, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed March 31, 1960.

Attorney(s) appearing for the Case

CHESTER THOMSON, RALPH SCHROEDER, and JOHN W. BIGGERS, all of Bloomington, for plaintiff in error.

GRENVILLE BEARDSLEY, Attorney General, of Springfield, and HARRY R. STEVENS, State's Attorney, of Clinton, (FRED G. LEACH, Assistant Attorney General, of counsel,) for the People.

Judgment reversed.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

Darrell Bush, the defendant, was indicted by the grand jury of DeWitt County, at the September term, 1958, for the crime of assault with intent to commit rape, and the crime of assault to commit a lewd and lascivious act. After trial before the court, a jury having been waived, he was found guilty of the crime of assault with intent to commit rape, and sentenced to the penitentiary...

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