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PEOPLE v. RUTH

Gen. No. 52,016.

113 Ill. App.2d 28 (1969)

251 N.E.2d 744

People of the State of Illinois, Appellee, v. Horace Ruth, Appellant.

Appellate Court of Illinois — First District, Fourth Division.

July 2, 1969.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender of Cook County, of Chicago (James J. Doherty, Assistant Public Defender, of counsel), for appellant.

John J. Stamos, State's Attorney of Cook County, of Chicago (Elmer C. Kissane, Joel M. Flaum, and James B. Haddad, Assistant State's Attorneys, of counsel), for appellee.

MR. JUSTICE McNAMARA delivered the opinion of the court.

Defendant, Horace Ruth, was charged with the crime of armed robbery. After a jury trial, he was found guilty and sentenced to a term of 3 to 7 years in the penitentiary. Defendant appeals, contending that he was not proved guilty beyond a reasonable doubt, and that the trial court erred in refusing instructions tendered by defense.

Charles Cathey testified that on January 8, 1966, at about 11:15 p.m...

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