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THE PEOPLE v. MAGBY

No. 39462.

37 Ill.2d 197 (1967)

226 N.E.2d 33

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. HERMAN MAGBY, Plaintiff in Error.

Supreme Court of Illinois.

Rehearing denied May 16, 1967.

Attorney(s) appearing for the Case

CLEMENT F. SPRINGER, JR., of Chicago, appointed by the court, for plaintiff in error.

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

Judgment affirmed.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

Defendant, Herman Magby, was tried by a jury in the criminal court of Cook County, found guilty of the crime of robbery with a dangerous weapon, and sentenced to the penitentiary for a term of not less than 15 years nor more than 30 years.

On June 14, 1962, at about 12:45 A.M., Topps Restaurant, in Chicago, Illinois, was robbed by two armed men, one of whom remained in the...

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