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UNITED STATES v. SAIN

No. 13374.

297 F.2d 799 (1962)

UNITED STATES of America ex rel. James DUKES, Relator-Appellant, v. Frank G. SAIN, Sheriff of Cook County, Illinois, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 25, 1962.

Attorney(s) appearing for the Case

Jason Ernest Bellows, Charles A. Bellows, Chicago, Ill., for appellant.

Daniel P. Ward, State's Atty., Marvin E. Aspen, Asst. State's Atty., Chicago, Ill. (John T. Gallagher, Asst. State's Atty., Chicago, Ill., of counsel), for appellee.

Before DUFFY, KNOCH and SWYGERT, Circuit Judges.

DUFFY, Circuit Judge.

James Dukes was convicted in the Criminal Court of Cook County, Illinois, of the crime of murder. The proof showed he shot John Blyth, a Chicago police officer. The jury fixed his punishment at death. On appeal, the judgment was reversed and remanded for a new trial because of prejudicial argument by a State's Attorney. People v. Dukes, 12 Ill.2d 334, 146 N.E.2d 14, 67...

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