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PEOPLE v. COLE

No. 44627.

54 Ill.2d 401 (1973)

298 N.E.2d 705

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. STUART COLE, Appellee.

Supreme Court of Illinois.

Opinion filed June 4, 1973.

Attorney(s) appearing for the Case

WILLIAM J. SCOTT, Attorney General, of Springfield, and RICHARD A. HOLLIS, State's Attorney, of Springfield (JAMES B. ZAGEL and MELBOURNE A. NOEL, JR., Assistant Attorneys General, of counsel), for the People.

BRUCE L. HERR, of Illinois Defender Project, of Springfield, for appellee.

HARRY G. FINS, of Chicago, for amicus curiae.

Reversed and remanded.

MR. JUSTICE RYAN delivered the opinion of the court:

Following a jury trial in the circuit court of Sangamon County, defendant, Stuart Cole, was convicted of murder and sentenced to a term of from 50 to 75 years in the penitentiary. This judgment was reversed by the Appellate Court for the Fourth District, which held that defendant was unconstitutionally denied his right to a jury trial by an impartial jury. (132...

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