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THE PEOPLE v. BATTLE

No. 36278.

24 Ill.2d 592 (1962)

182 N.E.2d 713

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. SAM BATTLE, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed May 25, 1962.

Attorney(s) appearing for the Case

DAVID F. CAVERS, JR., 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 MARVIN E. ASPEN, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

The defendant, Sam Battle, was tried by jury in the criminal court of Cook County and convicted of the crime of murder. He has brought the case to this court by a writ of error, having obtained a transcript under Rule 65-1.

The main contention advanced by the defendant in this court is that the court erred in permitting the State to prove that the defendant was guilty...

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