THE PEOPLE v. HENRY

Nos. 42681, 42699 cons.

47 Ill.2d 312 (1970)

265 N.E.2d 876

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. FRANK HENRY et al., Appellants.

Supreme Court of Illinois.

Opinion filed December 4, 1970.


Attorney(s) appearing for the Case

CHARLES L. HUGHES and CALVIN B. THELIN, both of Aurora, appointed by the court, for appellants.

WILLIAM J. SCOTT, Attorney General, of Springfield, and WILLIAM R. KETCHUM, State's Attorney, of Geneva, (JAMES B. ZAGEL, Assistant Attorney General, and W. BEN MORGAN, Assistant State's Attorney, of counsel,) for the People.


Reversed and remanded.

Mr. JUSTICE WARD delivered the opinion of the court:

A jury in the circuit court of Kane County found Jack Gaddis and Frank Henry guilty of murder and each defendant was sentenced to a term of from 66 to 99 years in the penitentiary. A constitutional question gives this court jurisdiction on direct appeal. Ill. Rev. Stat. 1969, ch. 110A, par. 603.

On the morning of August 28, 1966, the body of Hallard Reece was discovered in...

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