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THE PEOPLE v. MORIARTY

No. 35528.

25 Ill.2d 565 (1962)

185 N.E.2d 688

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. WILLIAM D. MORIARTY, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed September 28, 1962.

Attorney(s) appearing for the Case

WILLIAM P. BUTLER, 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, William D. Moriarty, was found guilty by a jury on a charge of burglary and was sentenced to a term of ten years to life in the penitentiary. By writ of error, he asks that the judgment be reversed and the cause remanded for a new trial, contending that he was denied a fair trial because the trial judge assumed the role of advocate during defendant's testimony and...

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