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THE PEOPLE v. McSMITH

No. 35978.

23 Ill.2d 87 (1961)

178 N.E.2d 641

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. MILTON McSMITH, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed September 22, 1961.

Attorney(s) appearing for the Case

RUSSELL E. DAVIS, and HOWARD T. SAVAGE, both of Chicago, for plaintiff in error.

WILLIAM L. GUILD, Attorney General, of Springfield, and BENJAMIN S. ADAMOWSKI, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney General, and FRANCIS X. RILEY, and JAMES R. THOMPSON, Assistant State's Attorneys, of counsel,) for the People.

Judgment affirmed.

Mr. JUSTICE DAILY delivered the opinion of the court:

After a bench trial in the criminal court of Cook County, the defendant, Milton McSmith, was convicted of unlawfully selling narcotic drugs and was sentenced to the penitentiary for a term of 10 to 15 years. He prosecutes this writ of error for review, contending that the evidence in the record establishes a defense of entrapment as a matter of law. Before looking to the factual setting...

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