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PEOPLE v. SMITH

No. 11393.

3 Ill. App.3d 958 (1972)

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CLYDE SMITH, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

February 17, 1972.

Attorney(s) appearing for the Case

John F. McNichols, District Defender, Illinois Defender Project, of Springfield, (J. Daniel Stewart, of counsel,) for appellant.

Paul R. Welch, State's Attorney, of Bloomington, for the People.

Judgment affirmed.

Mr. JUSTICE SMITH delivered the opinion of the court:

Defendant appeals from a conviction for aggravated battery the sentence for which was three to five years. The victim was his wife. This occurred on June 4. The indictment was returned November 7 and on the trial proof was permitted of a scuffle over an ax on November 9 between them. The exact testimony of the wife was that "me and him was scuffling with it [the ax] and finally my son...

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