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THE PEOPLE v. SMITH

No. 35192.

23 Ill.2d 512 (1961)

179 N.E.2d 20

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. JOSEPH M. SMITH, Plaintiff in Error.

Supreme Court of Illinois.

Rehearing denied January 22, 1962.

Attorney(s) appearing for the Case

WAYNE D. JOHNSON, of Chicago, appointed by the court, 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 WILLIAM L. CARLIN, Assistant State's Attorneys, of counsel,) for the People.

Judgment affirmed.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

Defendant was tried in the criminal court of Cook County under indictment 56-2256 for armed robbery, was found guilty, and sentenced to the penitentiary for a term of from 8 to 18 years. That conviction is not before us. Subsequently he was brought to trial on an entirely different charge, under indictment 57-100, also for armed robbery. After withdrawing a plea of not guilty, he entered...

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