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THE PEOPLE v. MILLER

Nos. 40740, 40755 cons.

40 Ill.2d 154 (1968)

238 N.E.2d 407

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. EUGENE MILLER and WILLIAM BABITSCH, Appellants.

Supreme Court of Illinois.

Opinion filed June 21, 1968.

Attorney(s) appearing for the Case

BELLOWS, BELLOWS & MAGIDSON, of Chicago, appointed by the court, for appellant.

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

Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

William Babitsch and Eugene Miller were jointly tried in the circuit court of Cook County by jury and convicted of the crime of abortion. Each defendant was sentenced to the penitentiary for a term of not less than 5 nor more than 10 years. They prosecuted separate appeals to the appellate court and that court, in separate opinions,...

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