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PEOPLE v. MILLER

Gen. No. 10,573.

55 Ill. App.2d 146 (1965)

204 N.E.2d 305

The People of the State of Illinois, Plaintiff-Appellant-Cross Appellee, v. Edward Miller, John Burris, and Clifford Withers, Defendants-Appellees-Cross-Appellants.

Appellate Court of Illinois — Fourth District.

February 8, 1965.

Attorney(s) appearing for the Case

William G. Clark, Attorney General, of Springfield (Raymond L. Terrell, State's Attorney, Fred G. Leach and E. Michael O'Brien, Assistant Attorneys General, C. Joseph Cavanagh, Assistant State's Attorney, of counsel), for plaintiff-appellant-cross-appellee.

Gillespie, Burke & Gillespie, and Robert Weiner, all of Springfield (Stuart Dobbs, of counsel), for defendants-appellees-cross-appellants.

TRAPP, J.

This case is heard upon appeal by the State, and cross-appeal by the defendants arising under the following circumstances:

On June 25, 1963, Indictment No. 2213-63 was returned charging the defendants with the rape of a fourteen-year-old girl. On arraignment the defendants pleaded not guilty. A jury trial was commenced on December 9, 1963, and on December 15, 1963, the trial court declared a mistrial for the reason that the jury was unable to agree...

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