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THE PEOPLE v. DUSZKEWYCZ

No. 36485.

27 Ill.2d 257 (1963)

189 N.E.2d 299

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. GEORGE DUSZKEWYCZ, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed March 22, 1963.

Attorney(s) appearing for the Case

MICHAEL H. POSTILION, 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 EDWARD J. HLADIS and MARVIN E. ASPEN, Assistant State's Attorneys, of counsel,) for the People.

Affirmed in part and reversed in part.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

A jury in the criminal court of Cook County found the defendant, George Duszkewycz, guilty of forcible rape and incest. The two offenses were charged in separate counts of a single indictment. Upon the count that charged forcible rape, the jury fixed the penalty (Ill. Rev. Stat. 1957, chap. 38, par. 801) at imprisonment in the penitentiary

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