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THE PEOPLE v. CHAFFIN

No. 42843.

49 Ill.2d 356 (1971)

274 N.E.2d 68

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. EDGAR CHAFFIN, Appellee.

Supreme Court of Illinois.

Opinion filed September 30, 1971.

Attorney(s) appearing for the Case

WILLIAM L. SCOTT, Attorney General, of Springfield, and EDWARD V. HANRAHAN, State's Attorney, of Chicago, (JAMES B. ZAGEL, Assistant Attorney General, and ROBERT A. NOVELLE and JAMES S. VELDMAN, Assistant State's Attorneys, of counsel,) for the People.

COGHLAN & JOYCE, of Chicago, (JAMES L. COGHLAN and WILLIAM J. NELLIS, of counsel,) for appellee.

Reversed and remanded.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court:

Defendant, Edgar Chaffin, was indicted for the murder of Thomas Westbrook and his trial by jury commenced in the circuit court of Cook County. During the proceedings the State moved for a mistrial which was allowed over defendant's objection. When the case was called for retrial, defendant filed a plea of autrefois acquit and former jeopardy, which was allowed. The State...

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