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THE PEOPLE v. STAGG

No. 37689.

29 Ill.2d 415 (1963)

194 N.E.2d 342

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. JAY STAGG, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed November 26, 1963.

Attorney(s) appearing for the Case

JULIUS LUCIUS ECHELES and MARSHALL SCHWARZBACH, both of Chicago, 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 ELMER C. KISSANE and RICHARD T. BUCK, Assistant State's Attorneys, of counsel,) for the People.

Judgment reversed.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

Defendant was charged with assault with intent to rape Ann Diebold and with robbing her of a cigarette lighter worth $5 and a purse worth $4. The jury found him not guilty of the robbery and guilty of the assault with intent to rape for which he was sentenced to the penitentiary for a term of not less than one nor more than three years.

The defendant contends here that: (1)...

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