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PEOPLE v. HIGGINBOTHAM

Gen. No. 10,601.

56 Ill. App.2d 140 (1965)

205 N.E.2d 273

People of the State of Illinois, Plaintiff-Defendant in Error, v. Curtis Higginbotham and Barrett Ingram, Defendants. Curtis Higginbotham (Impleaded), Defendant-Plaintiff in Error.

Appellate Court of Illinois — Fourth District.

March 11, 1965.

Attorney(s) appearing for the Case

Wayne L. Bickes, and Rosenberg, Rosenberg & Bickes, of Decatur, for plaintiff in error.

Basil G. Greanias, State's Attorney, Macon County, of Decatur (Norman J. Fombelle, Assistant State's Attorney, of counsel), for defendant in error.

SMITH, P.J.

Defendants were jointly indicted, jointly tried, jointly represented, and jointly convicted of robbery, but only Higginbotham appeals. Though he made no motion to such effect, he contends that there should have been a severance, because his defense, vis a vis the other's, was antagonistic. This happenstance, he says, shackled appointed counsel to such an extent that he was unable to adequately represent him. Separate

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