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THE PEOPLE v. SMITH

No. 36212.

25 Ill.2d 428 (1962)

185 N.E.2d 150

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

Supreme Court of Illinois.

Opinion filed September 28, 1962.

Attorney(s) appearing for the Case

WILLIAM H. SNIVELY, of Rockford, appointed by the court, for plaintiff in error.

WILLIAM G. CLARK, Attorney General, of Springfield, and WILLIAM R. NASH, State's Attorney, of Rockford, (FRED G. LEACH and E. MICHAEL O'BRIEN, Assistant Attorneys General, and ROSARIO A. GAZIANO and ALFORD R. PENNIMAN, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

The defendant, Howard Dwayne Smith, was tried by jury in the circuit court of Winnebago County and convicted of the crime of burglary. A writ of error has been issued to review the judgment of conviction.

The defendant contends that his written confession should not have been admitted in evidence. Prior to its admission, a hearing...

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