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THE PEOPLE v. COLE

No. 37503.

30 Ill.2d 375 (1964)

196 N.E.2d 691

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. EDWARD COLE, Plaintiff in Error.

Supreme Court of Illinois.

Rehearing denied March 17, 1964.

Attorney(s) appearing for the Case

NORMAN L. ROTHENBAUM, 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 WILLIAM J. NELLIS, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

The defendant Edward Cole, was found guilty of robbery and rape by a jury in the criminal court of Cook County. He was sentenced to 20 years in the penitentiary for rape and to a concurrent sentence of from 3 to 10 years for robbery. He now seeks a reversal of the trial court judgment chiefly on the grounds that (1) the evidence failed to sufficiently identify him beyond a reasonable...

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