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THE PEOPLE v. MOSBY

No. 36339.

25 Ill.2d 400 (1962)

185 N.E.2d 152

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

Supreme Court of Illinois.

Opinion filed September 28, 1962.

Attorney(s) appearing for the Case

LLOYD S. KUPFERBERG, 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.

Reversed and remanded.

Mr. JUSTICE UNDERWOOD delivered the opinion of the court:

The defendant, John Mosby, was found guilty by a jury in the criminal court of Cook County on a charge of burglary alleged to have occurred on April 28, 1960, involving the dwelling house of David Crawford. On this charge he was sentenced to a term of five to ten years on July 21, 1960. Mosby was also found guilty by a jury on a charge of burglary allegedly occurring on March...

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