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PEOPLE v. SMITH

Gen. No. 52,103.

102 Ill. App.2d 134 (1968)

243 N.E.2d 286

People of the State of Illinois, Plaintiff-Appellee, v. Herbert Lee Smith, Defendant-Appellant.

Appellate Court of Illinois — First District, Second Division.

Rehearing denied December 16, 1968.

Attorney(s) appearing for the Case

Irwin L. Frazin and Howard T. Savage, Starke, Anglin, Savage, Frazin, Stewart & May, of Chicago, for appellant.

John J. Stamos, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and David B. Selig, Assistant State's Attorneys, of counsel), for appellee.

MR. JUSTICE McNAMARA delivered the opinion of the court.

Defendant, Herbert Lee Smith, was indicted for the crimes of rape and armed robbery. After a bench trial, he was found guilty of rape and not guilty of armed robbery. He was sentenced to a term of 4 to 8 years in the penitentiary. Defendant appeals, contending that he was not proved guilty beyond a reasonable doubt, and that the trial court erred in admitting evidence of his escape from police custody.

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