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THE PEOPLE v. JOHNSON

No. 37867.

31 Ill.2d 602 (1964)

203 N.E.2d 399

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. CHARLES JOHNSON, Plaintiff in Error.

Supreme Court of Illinois.

Rehearing denied January 19, 1965.

Attorney(s) appearing for the Case

P. PHILLIPS CONNOR, of Chicago, and JOAN WEBSTER CONNOR, of Evanston, for plaintiff in error.

WILLIAM G. CLARK, Attorney General, of Springfield, and DANIEL P. WARD, State's Attorney, of Chicago, (FRED G. LEACH and GEORGE W. KENNEY, Assistant Attorneys General, and ELMER C. KISSANE and JOHN GANNON, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

The defendant, Charles Johnson, was convicted of rape after a trial by jury and was sentenced to the penitentiary for not less than five nor more than fifteen years. A previous conviction for the same offense, which had resulted in a sentence of fifteen years' imprisonment, was reversed by this court because of an erroneous instruction to the jury. (People v. Johnson...

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