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THE PEOPLE v. TYNER

No. 36636.

30 Ill.2d 101 (1964)

195 N.E.2d 675

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. EUGENE TYNER, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed January 22, 1964.

Attorney(s) appearing for the Case

RICHARD E. POWELL, 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 ELMER C. KISSANE and RICHARD T. BUCK, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE DAILY delivered the opinion of the court:

After a jury trial in the criminal court of Cook County, the defendant, Eugene Tyner, and a co-defendant, Herbert Kelley, were convicted of murdering one James Toney and were each sentenced to the penitentiary for a term of 199 years. In prosecuting this writ of error, Tyner (hereafter referred to as defendant) contends that the lower court...

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