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PEOPLE v. MONTGOMERY

No. 43972.

51 Ill.2d 198 (1972)

282 N.E.2d 138

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

Supreme Court of Illinois.

Opinion filed March 30, 1972.

Attorney(s) appearing for the Case

GERALD W. GETTY, Public Defender, of Chicago (MICHAEL WEININGER and JAMES J. DOHERTY, Assistant Public Defenders, of counsel), for appellant.

WILLIAM J. SCOTT, Attorney General, of Springfield, and EDWARD V. HAMRAHAN, 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 GOLDENHERSH delivered the opinion of the court:

Defendant, Walter Montgomery, was found guilty by a jury in the circuit court of Cook County of the offense of murder and sentenced to a term of 100 to 200 years in the penitentiary.

Defendant, then 17 years of age, was indicted along with four other boys for the offenses of murder and robbery. His motion for a severance was allowed and he was tried separately. The jury...

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