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THE PEOPLE v. SMITH

No. 40840.

46 Ill.2d 430 (1970)

263 N.E.2d 860

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

Supreme Court of Illinois.

Rehearing denied December 3, 1970.

Attorney(s) appearing for the Case

ANTHONY J. FORNELL, 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 MICHAEL SCOTT CISNEY, Assistant State's Attorneys, of counsel,) for the People.

Judgment affirmed.

Mr. JUSTICE BURT delivered the opinion of the court:

By a jury verdict returned in the circuit court of Cook County on September 27, 1963, defendant, Wavery Smith, was found guilty of the crime of rape which occurred on June 5, 1963. A sentence of 30 to 40 years imprisonment was imposed. An appeal from that judgment was taken to the appellate court where the grounds for reversal urged were that the evidence did not establish guilt beyond...

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