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THE PEOPLE v. SMITH

No. 40344.

45 Ill.2d 399 (1970)

259 N.E.2d 247

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. EDWARD J. SMITH, Appellant.

Supreme Court of Illinois.

Opinion filed May 27, 1970.

Attorney(s) appearing for the Case

LAWRENCE M. DUNLAP, of Libertyville, appointed by the court, for appellant.

WILLIAM J. SCOTT, Attorney General, of Springfield, and JACK HOOGASIAN, State's Attorney, of Waukegan, (RONALD A. LEBOWITZ, Assistant State's Attorney, of counsel,) for the People.

Judgment affirmed.

Mr. JUSTICE WARD delivered the opinion of the court:

On September 28, 1965, Edward J. Smith, accused in an indictment of murder and voluntary manslaughter, withdrew an earlier plea of not guilty and pleaded guilty in the circuit court of Lake County to the lesser charge of manslaughter. A motion for probation was denied on October 14, 1965, and he was sentenced to the Illinois State Penitentiary for a term of not less than 12 years nor more...

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