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THE PEOPLE v. DUNCAN

No. 38666.

40 Ill.2d 105 (1968)

238 N.E.2d 595

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. JAMES RICHARD DUNCAN, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed May 29, 1968.

Attorney(s) appearing for the Case

WILLIAM J. COONEY, of Chicago, appointed by the court, for plaintiff in error.

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 JAMES R. TRUSCHKE, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE HOUSE delivered the opinion of the court:

A jury in the circuit court of Cook County found defendant, James Richard Duncan, guilty of the murder of Samuel Schwartz and fixed his punishment at imprisonment for a term of 30 years. A constitutional question gives us jurisdiction.

About 10:00 P.M. on October 4, 1959, Samuel Schwartz, a 15-year-old boy, was stabbed and killed on the elevated platform of the Chicago Transit...

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