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THE PEOPLE v. TYNER

No. 42561.

49 Ill.2d 207 (1971)

274 N.E.2d 20

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. EUGENE TYNER, Appellant.

Supreme Court of Illinois.

Opinion filed September 30, 1971.

Attorney(s) appearing for the Case

JEROME T. BURKE, 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, ROBERT A. NOVELLE and MICHAEL J. GOLDSTEIN, Assistant State's Attorneys, of counsel,) for the People.

Judgment affirmed.

MR. JUSTICE SCHAEFER delivered the opinion of the court:

In January of 1961, James Toney was shot and killed. The defendant, Eugene Tyner, and a co-defendant, Herbert Kelley, were charged with the murder. They were tried together, found guilty by a jury, and each was sentenced to imprisonment for a term of 199 years. The defendant appealed, and because of prejudicial remarks made by the trial judge and also because a written statement given...

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