THE PEOPLE v. BANKS

No. 35758.

26 Ill.2d 259 (1962)

186 N.E.2d 338

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. DONALD BANKS, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed November 30, 1962.


Attorney(s) appearing for the Case

THOMAS W. McNAMARA, 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 RUDOLPH L. JANEGA and M. ROBERT OSTROW, Assistant State's Attorneys, of counsel,) for the People.


Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

The defendant, Donald Banks, was convicted of rape after a jury trial in the criminal court of Cook County and sentenced to life imprisonment in the penitentiary. On this writ of error he asserts that an instruction to the jury and the argument of the prosecutor relating to his alleged identification were erroneous and prejudicial; that his alleged confession was erroneously admitted...

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