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THE PEOPLE v. BLANKENSHIP

No. 37286.

27 Ill.2d 195 (1963)

188 N.E.2d 724

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. ROBERT O. BLANKENSHIP, Plaintiff in Error.

Supreme Court of Illinois.

Rehearing denied March 27, 1963.

Attorney(s) appearing for the Case

HENRY GENTILE, of Blue Island, and STEPHEN LEE, of Chicago, for plaintiff in error.

WILLIAM G. CLARK, Attorney General, of Springfield, and ROBERT J. WAALER, State's Attorney, of Urbana, (FRED G. LEACH and E. MICHAEL O'BRIEN, Assistant Attorneys General, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE HOUSE delivered the opinion of the court:

Robert O. Blankenship was indicted in the circuit court of Champaign County for the crime of statutory rape. On May 18, 1961, he pleaded guilty and his immediate application for probation was granted over objection of the State's Attorney. On July 11 the trial court, over defendant's objection, set aside its order admitting him to probation and granted his motion to withdraw his plea...

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