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THE PEOPLE v. CANADA

No. 36474.

26 Ill.2d 491 (1962)

187 N.E.2d 243

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. LORENZO CANADA, Plaintiff in Error.

Supreme Court of Illinois.

Rehearing denied January 28, 1963.

Attorney(s) appearing for the Case

EMILIE N. WANDERER, 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 MATTHEW J. MORAN, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE HOUSE delivered the opinion of the court:

Lorenzo Canada was indicted for murder in the criminal court of Cook County. A jury found him guilty and fixed his sentence at imprisonment for life in the penitentiary. A writ of error has been issued to review the conviction.

The only substantial question is whether the trial court erred in refusing to instruct the jury on manslaughter. It is well established that where...

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