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THE PEOPLE v. DAWSON

No. 36296.

22 Ill.2d 260 (1961)

174 N.E.2d 817

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. RODNEY DAWSON, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed May 19, 1961.

Attorney(s) appearing for the Case

McCOY, MING & LEIGHTON, of Chicago, (GEORGE N. LEIGHTON, 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, WILLIAM L. CARLIN, and MARVIN E. ASPEN, Assistant State's Attorneys, of counsel,) for the People.

Judgment reversed.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

The defendant, Rodney Dawson, was charged with the crime of armed robbery in the criminal court of Cook County. He waived his right to trial by jury and, following a bench trial, was found guilty. A motion for probation was allowed but on the defendant's own motion, the probation order was vacated. Thereafter the defendant was sentenced to the penitentiary for a term of not less than...

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