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THE PEOPLE v. ARMSTRONG (SUMLIN)

Nos. 41358, 41359 cons.

41 Ill.2d 390 (1968)

243 N.E.2d 825

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ALFRED ARMSTRONG and JERRY SUMLIN, Appellants.

Supreme Court of Illinois.

Modified on denial of rehearing January 29, 1969.

Attorney(s) appearing for the Case

GERALD W. GETTY, Public Defender, of Chicago (GEORGE L. LINCOLN and JAMES J. DOHERTY, Assistant Public Defenders, of counsel,) for appellants.

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 as to Armstrong; affirmed as to Sumlin.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

Four men were indicted and tried for murder in a jury trial in the circuit court of Cook County. The court directed a verdict of not guilty as to one, Arthur Hale, and the other three were convicted. Alfred Armstrong, who received a sentence of 100 to 150 years, and Jerry Sumlin, who received a sentence of 50 to 100 years, have appealed....

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