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THE PEOPLE v. HENDERSON

No. 39272.

37 Ill.2d 489 (1967)

229 N.E.2d 519

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JAMES HENDERSON et al., Appellants.

Supreme Court of Illinois.

Rehearing denied September 27, 1967.

Attorney(s) appearing for the Case

FREDERIC S. LANE, of Chicago, appointed by the court, for appellant LeRoy Mitchell, Jr.

GERALD W. GETTY, Public Defendant, of Chicago, (JOHN J. VAN ZEYL and JAMES J. DOHERTY, of counsel,) for other appellants.

WILLIAM G. CLARK, Attorney General, of Springfield, and JOHN J. STAMOS, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney General, and ELMER C. KISSANE and ELDRIDGE HERSEY, Assistant State's Attorneys, of counsel,) for the People.

Judgment affirmed.

Mr. JUSTICE HOUSE delivered the opinion of the court:

In a joint trial in the circuit court of Cook County a jury found defendants James Henderson, John Adams and LeRoy Mitchell, Jr. guilty of murder. Each was sentenced to the penitentiary for a term of 35 to 70 years. A constitutional question gives us jurisdiction of the appeal.

These defendants were convicted of the murder of John Fatigato, a shoe-store operator, on December 22...

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