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THE PEOPLE v. SMITH

No. 36026.

24 Ill.2d 198 (1962)

181 N.E.2d 77

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. JAMES ERNEST SMITH, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed March 23, 1962.

Attorney(s) appearing for the Case

JAMES E. LA ROCQUE, of Chicago, appointed by the court, (CHARLES R. PURCELL, JR., and MORGAN, HALLIGAN & LANOFF, 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 and E. MICHAEL O'BRIEN, Assistant Attorneys General, and JOHN T. GALLAGHER, and DEAN H. BILTON, Assistant State's Attorneys, of counsel,) for the People.

Judgment affirmed.

Mr. CHIEF JUSTICE HERSHEY delivered the opinion of the court:

Defendant was indicted for the murder of William Bradley Garth. He was tried by a jury and found guilty of manslaughter. A new trial was granted. Upon the second trial by jury, he was convicted of involuntary manslaughter and sentenced to the penitentiary for a term of from 7 to 10 years. His sole contention on this writ of error is that he was deprived of a fair trial by improper...

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