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THE PEOPLE v. GIVENS

No. 37161.

26 Ill.2d 371 (1962)

186 N.E.2d 225

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. ROBERT GIVENS, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed November 30, 1962.

Attorney(s) appearing for the Case

GERALD W. GETTY, Public Defender, of Chicago, JAMES J. DOHERTY and WILLIAM J. MORAN, Assistant Public Defenders, 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 EDWIN J. BELZ, Assistant State's Attorneys, of counsel,) for the People.

Judgment reversed.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

Defendant, Robert Givens, has prosecuted this writ of error to review the judgment of the criminal court of Cook County finding him guilty of murder in a trial without a jury, and sentencing him to the Illinois State Penitentiary for a term of not less than 14 nor more than 20 years.

The essential inquiry on this review is whether the homicide was committed by defendant in...

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