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THE PEOPLE v. WALDEN

No. 34744-35532.

19 Ill.2d 602 (1960)

169 N.E.2d 241

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. OSCAR WALDEN, JR., Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed September 29, 1960.

Attorney(s) appearing for the Case

McCOY, MING & LEIGHTON, of Chicago, (GEORGE N. LEIGHTON, and RICHARD D. GUMBEL, JR., of counsel,) for plaintiff in error.

GRENVILLE BEARDSLEY, Attorney General, of Springfield, and BENJAMIN S. ADAMOWSKI, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney General, and FRANCIS X. RILEY, and WILLIAM W. WINTERHOFF, Assistant State's Attorneys, of counsel,) for the People.

Judgments affirmed.

Mr. CHIEF JUSTICE SCHAEFER delivered the opinion of the court:

In September of 1952 the defendant, Oscar Walden, Jr., was convicted of rape and was sentenced to imprisonment in the penitentiary for a term of 75 years. In 1955 he filed a petition under the Post-Conviction Hearing Act, (Ill. Rev. Stat. 1959, chap. 38, pars. 826-832,) which was dismissed upon motion. We allowed his petition for a writ of error and remanded the cause for a...

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