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THE PEOPLE v. KOLDEN

No. 36543.

25 Ill.2d 327 (1962)

185 N.E.2d 170

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. JOHN KOLDEN, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed September 28, 1962.

Attorney(s) appearing for the Case

C.R. PETERSON, 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 JAMES R. THOMPSON, Assistant State's Attorneys, of counsel,) for the People.

Judgment reversed.

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

The defendant John Kolden was indicted for rape and for taking indecent liberties with his 9-year-old stepdaughter, tried before the court, found guilty of taking indecent liberties, and sentenced to one to twenty years in the penitentiary. He brings the case before us on writ of error, contending that he was not proved guilty beyond a reasonable doubt, that the court erred...

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