PEOPLE v. SMICE

Gen. No. 66-97.

79 Ill. App.2d 348 (1967)

223 N.E.2d 548

People of the State of Illinois, Plaintiff-Appellee, v. Ronald Smice, Defendant-Appellant.

Appellate Court of Illinois — Second District.

February 2, 1967.


Attorney(s) appearing for the Case

William N. Stone, of Sterling, for appellant.

John L. Moore, State's Attorney, of Oregon, for appellee.


MR. PRESIDING JUSTICE DAVIS delivered the opinion of the court.

This appeal illustrates some of the problems presented in appellate review of sentence, as permitted under the Code of Criminal Procedure (Ill Rev Stats 1965, c 38, § 121-9 (b) (4)).

The defendant-appellant was charged by information with the offense of battery in violation of section 12-3 of the Code. The jury found him guilty and gratuitously recommended probation. Thereupon, the defendant...

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