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THE PEOPLE v. MONTGOMERY

No. 42403.

47 Ill.2d 510 (1971)

268 N.E.2d 695

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ELLIS MONTGOMERY, Appellant.

Supreme Court of Illinois.

Modified on denial of rehearing, March 31, 1971.

Attorney(s) appearing for the Case

EARL L. WASHINGTON, (EDWARD M. MORRIS and R. EUGENE PINCHAM, of counsel,) 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 ROBERT A. NOVELLE and GEORGE PAPPAS, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

In March of 1968 a jury in the circuit court of Cook County found the defendant, Ellis Montgomery, guilty of the unlawful sale of a narcotic drug, and he was sentenced to imprisonment for not less than 10 years nor more than 10 years and a day. On this direct appeal, the defendant argues: that the use of a prior conviction to impeach his credibility violated his sixth amendment...

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