PEOPLE v. MALLORY

Gen. No. 66-110.

101 Ill. App.2d 207 (1968)

242 N.E.2d 306

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

Appellate Court of Illinois — Third District.

November 25, 1968.


Attorney(s) appearing for the Case

Julian Cannell, of Peoria, for appellant.

Robert E. Manning, Jr., State's Attorney, of Peoria, and Jay Janssen, Assistant State's Attorney, for appellee.


SCHEINEMAN, J.

The defendant was convicted by a jury of the murder of Neoma Mallory, his ex-wife. On this appeal it is contended that the evidence fails to prove any criminal intent, the defendant claiming it was an accident.

A man named Kille who sometimes roomed in the house of Mrs. Mallory, had come in about 4:30 p.m. and obtained her permission to lie down in the back bedroom, where he went to sleep. Mrs. Mallory then went and met her former husband. They...

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