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THE PEOPLE v. SYMONS

No. 36410.

23 Ill.2d 126 (1961)

177 N.E.2d 185

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JAMES SYMONS, Appellant.

Supreme Court of Illinois.

Opinion filed September 22, 1961.

Attorney(s) appearing for the Case

PAUL R. GOLDMAN, and MAYER GOLDBERG, both of Chicago, (BURTON BERGER, of counsel,) for plaintiff in error.

WILLIAM G. CLARK, Attorney General, of Springfield, and DANIEL P. WARD, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney General, and JOHN T. GALLAGHER, and MARVIN E. ASPEN, Assistant State's Attorneys, of counsel,) for the People.

Judgment reversed.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

The defendant, James Symons, was indicted for the crime of forcible rape and waived a trial by jury. After a trial before a judge, he was found guilty and was sentenced to the penitentiary for a term of fifteen years. He has appealed directly to this court and although several grounds for reversal have been urged, it will be necessary to consider only the contention that the evidence...

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