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THE PEOPLE v. TATE

Nos. 36481, 36566, Cons.

30 Ill.2d 400 (1964)

197 N.E.2d 26

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. EMMETT TATE et al., Plaintiffs in Error.

Supreme Court of Illinois.

Opinion filed March 18, 1964.

Attorney(s) appearing for the Case

EDWARD E. GIBSON, 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 SCHAEFER delivered the opinion of the court:

Emmett Tate, Marshall Tate, Hosie Laws, Willie Laws and Odelia Gardner were jointly indicted in the criminal court of Cook County for the murder of David Thomas. Hosie Laws pleaded guilty, and the cases of Willie Laws and Odelia Gardner were severed for trial. Marshall Tate and Emmett Tate were tried together before a jury, and were found...

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