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THE PEOPLE v. WARE

No. 40262, 40615 cons.

39 Ill.2d 66 (1968)

233 N.E.2d 421

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ELLIS WARE, Appellant.

Supreme Court of Illinois.

Opinion filed January 19, 1968.

Attorney(s) appearing for the Case

HART, BANBURY, LAWRENCE & GULLSTRAND, of Aurora, (THOMAS J. BANBURY, of counsel,) appointed by the court, for appellant.

WILLIAM R. KETCHUM, State's Attorney, of Elgin, (W. BEN MORGAN, Assistant State's Attorney, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE WARD delivered the opinion of the court:

The principal question here is whether the conflict of interests which confronted the defendant's attorney was one which will invalidate the defendant's conviction.

The defendant and five other men were indicted in Kane County on charges of robbery and attempted murder. The court appointed one attorney to represent the defendant and Garry O'Farrell, a co-defendant. The attorney...

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