PEOPLE v. ZERTUCHE

No. 71-152.

5 Ill. App.3d 303 (1972)

282 N.E.2d 201

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOSE HERNANDEZ ZERTUCHE, Defendant-Appellant.

Appellate Court of Illinois — Second District.

May 1, 1972.


Attorney(s) appearing for the Case

Ralph Ruebner, of Defendant Project, of Elgin, (Kenneth L. Gillis, of counsel,) for appellant.

William Ketcham, State's Attorney, of Elgin, (Leo Wotan, Jr., and W. Ben Morgan, Assistant State's Attorneys, of counsel,) for the People.


Reversed and remanded.

Mr. JUSTICE THOMAS J. MORAN delivered the opinion of the court:

The defendant, Jose Hernandez Zertuche, was indicted for murder, found guilty in a jury trial and sentenced to the penitentiary for a term of fifty years.

It is undisputed that on the evening of August 28, 1970, the defendant shot Richard Ochoa in front of the Guadalupano Club in Elgin, Illinois. Ochoa died from the wound ten days later. There were no eyewitnesses...

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