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PEOPLE v. PAYTON

Gen. No. 50,038.

82 Ill. App.2d 51 (1967)

227 N.E.2d 87

People of the State of Illinois, Defendant in Error, v. Marcus Payton, Plaintiff in Error.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied March 30, 1967.

Attorney(s) appearing for the Case

Sherman Carmell, of Chicago, for plaintiff in error.

Daniel P. Ward, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and Jay J. Poole, Assistant State's Attorneys, of counsel), for defendant in error.

MR. JUSTICE DEMPSEY delivered the opinion of the court.

Marcus Payton and a codefendant, Theodore Lewis, were indicted for the crime of armed robbery. They were tried by a jury and convicted. While testifying in their own behalf they admitted that they had served prior prison sentences for robbery and, upon the judgment of guilty in this case, Payton was sentenced to a term of 40 years to life and Lewis from 50 years to life in the penitentiary.

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