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PEOPLE v. SMITH

No. 57050.

12 Ill. App.3d 1037 (1973)

299 N.E.2d 489

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

Appellate Court of Illinois — First District (3rd Division).

June 21, 1973.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago, (Donald S. Honchell and Michael Weininger, Assistant Public Defenders, of counsel,) for appellant.

Bernard Carey, State's Attorney, of Chicago, (Robin Auld and Thomas White, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. PRESIDING JUSTICE DEMPSEY delivered the opinion of the court:

A jury found the defendant, Tommie Smith, guilty of burglary and he was sentenced to the penitentiary for a term of three to eight years. He contends that he did not receive a fair trial and that an oral statement made by him while in custody should not have been received in evidence.

Smith was arrested by two Chicago police officers about 9:30 P.M. on the night...

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