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PEOPLE v. DAILEY

No. 42574.

51 Ill.2d 239 (1972)

282 N.E.2d 129

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. HERBERT DAILEY, Appellant.

Supreme Court of Illinois.

Opinion filed March 30, 1972.

Attorney(s) appearing for the Case

DOUGLAS G. DAVIDSON, 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, and ROBERT A. NOVELLE and HENRY A. HAUSER, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

MR. JUSTICE RYAN delivered the opinion of the court:

This is an appeal from the defendant's conviction of murder following a jury trial in the circuit court of Cook County. The court sentenced the defendant to a term of from 30 to 60 years in the penitentiary.

About 5:30 A.M. on September 15, 1968, four young men were returning from a party. As they walked west on 48th Street in Chicago a man stepped out of a doorway and walked west...

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