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PEOPLE v. WICKS

Gen. Nos. 51,666, 51,667.

115 Ill. App.2d 19 (1969)

252 N.E.2d 698

People of the State of Illinois, Plaintiff-Appellee, v. Sheldon Wicks and Lawrence Hayes, Defendants-Appellants.

Appellate Court of Illinois — First District, Fourth Division.

September 17, 1969.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender of Cook County, of Chicago (George L. Lincoln and James J. Doherty, Assistant Public Defenders, of counsel), for appellants.

Edward V. Hanrahan, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and James B. Klein, Assistant State's Attorneys, of counsel), for appellee.

MR. PRESIDING JUSTICE DRUCKER delivered the opinion of the court.

Defendants were tried by a jury and convicted of robbery. Judgment was entered and defendants were sentenced for a term of not less than ten nor more than thirty years.

Defendants jointly raise three questions on appeal: (1) the court invaded the province of the jury by giving an instruction which amounted to directing the verdict; (2) the assigning judge improperly sat as a court of appeal...

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