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PEOPLE v. MOORE

No. 56385.

9 Ill. App.3d 231 (1972)

292 N.E.2d 42

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES MOORE, Defendant-Appellant.

Appellate Court of Illinois — First District.

December 5, 1972.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender, of Chicago, (Mary Cahill and James J. Doherty, Assistant Public Defenders, of counsel,) for appellant.

Edward V. Hanrahan, State's Attorney, (Elmer C. Kissane and James N. Karahalios, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE LEIGHTON delivered the opinion of the court:

Defendant and Silas Hart were charged with the murder of Walter May. Defendant alone was tried by a jury, found guilty, and sentenced to serve 30 to 60 years. In this appeal, the only issue is whether the final argument of the assistant State's Attorney contained comments that prejudiced defendant's right to a fair and impartial trial.

The comments were made when, in closing...

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