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THE PEOPLE v. BURTON

No. 38614.

44 Ill.2d 53 (1969)

254 N.E.2d 527

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. JAMES BURTON, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed December 19, 1969.

Attorney(s) appearing for the Case

JOHN J. CLEARY, of Chicago, appointed by the court, for appellant.

WILLIAM J. SCOTT, Attorney General, of Springfield, and EDWARD V. HANRAHAN, State's Attorney, of Chicago, (JAMES B. ZAGEL, Assistant Attorney General, and ELMER C. KISSANE, and PATRICK T. DRISCOLL, JR., Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

This case is before us on a writ of error issued in May of 1964 to the circuit court of Cook County. A jury found the defendant, James Burton, guilty of the murder of Clemens Tappe, and he was sentenced to imprisonment for not less than 20 nor more than 30 years. He urges several grounds for reversal of his conviction, but we find it necessary to consider only two contentions:...

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