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THE PEOPLE v. STEWART

No. 36498.

23 Ill.2d 161 (1961)

177 N.E.2d 237

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. SHERMAN EDWARD STEWART, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed September 22, 1961.

Attorney(s) appearing for the Case

JOHN R. SNIVELY, of Rockford, for plaintiff in error.

WILLIAM G. CLARK, Attorney General, of Springfield, and DONALD C. WOOLSEY, State's Attorney, of Galesburg, (FRED G. LEACH, Assistant Attorney General, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

In November of 1955, a jury in the circuit court of Knox County found Sherman Edward Stewart and Eugene Bair guilty of burglary and larceny, and found also that Stewart had formerly been convicted of burglary. Stewart was sentenced to the penitentiary for life as an habitual criminal, (Ill. Rev. Stat. 1955, chap. 38, par. 602,) and he brings this writ of error to review his conviction...

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