THE PEOPLE v. SMITH

No. 40839.

44 Ill.2d 272 (1970)

255 N.E.2d 450

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JAMES SMITH, Appellant.

Supreme Court of Illinois.

Opinion filed January 28, 1970.


Attorney(s) appearing for the Case

STEPHEN A. SCHILLER, 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 ANTHONY MONTEMURRO, Assistant State's Attorneys, of counsel,) for the People.


Reversed and remanded.

Mr. JUSTICE CULBERTSON delivered the opinion of the court:

After a bench trial in the circuit court of Cook County, defendant was found guilty of the crime of taking indecent liberties with a child. On October 27, 1961, he was sentenced to serve not less than 5 nor more than 15 years in the penitentiary. On appeal from the conviction to the appellate court, defendant's conviction was reversed and the cause was remanded to the circuit...

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