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THE PEOPLE v. MILLER

No. 39245.

35 Ill.2d 62 (1966)

219 N.E.2d 475

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. EDWARD MILLER et al., Appellees.

Supreme Court of Illinois.

Rehearing denied September 21, 1966.

Attorney(s) appearing for the Case

WILLIAM G. CLARK, Attorney General, of Springfield, and RAYMOND L. TERRELL, State's Attorney, of Springfield, for the People.

STUART DOBBS, of Springfield, for appellees.

HARRY G. FINS, of Chicago, amicus curiae.

Reversed and remanded in part and vacated in part.

Mr. CHIEF JUSTICE KLINGBIEL delivered the opinion of the court:

The grand jury for the circuit court of Sangamon County indicted the defendants, Edward Miller, John Burris and Clifford Withers, for the crime of rape. The defendants were brought to trial by jury, but the jury was unable to agree and the court declared a mistrial. About a month later, on the motion of the State, and without notice to any of...

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