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THE PEOPLE v. SMITH

No. 36118.

24 Ill.2d 210 (1962)

181 N.E.2d 122

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

Supreme Court of Illinois.

Opinion filed March 23, 1962.

Attorney(s) appearing for the Case

EDWARD R. LEV, 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 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. JUSTICE SCHAEFER delivered the opinion of the court:

Conrad Smith and Roy Johnson were tried before a judge of the criminal court of Cook County upon an indictment charging armed robbery. At the close of the State's evidence, Johnson's motion for a finding of not guilty was allowed. The trial continued as to Smith, and at its conclusion he was found guilty and sentenced to the penitentiary for a term of not less than five nor more than...

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