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PEOPLE v. WITHERSPOON

No. 41857.

55 Ill.2d 18 (1973)

302 N.E.2d 3

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JAMES B. WITHERSPOON, Appellant.

Supreme Court of Illinois.

Opinion filed September 25, 1973.

Attorney(s) appearing for the Case

GERALD W. GETTY, Public Defender, and KENNETH L. GILLIS, District Defender, Illinois Defender Project, both of Chicago (SHELVIN SINGER and JAMES J. DOHERTY, Assistant Public Defenders, and GORDON H. BERRY, Assistant District Defender, of counsel), 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 ELMER C. KISSANE and PETER F. COSTA, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

MR. JUSTICE RYAN delivered the opinion of the court:

On September 19, 1966, the defendant shot and killed his former wife, Louise Polk, in her apartment in Chicago. Following a jury trial in the circuit court of Cook County, the defendant was convicted of murder and was sentenced to a term of from 25 to 40 years in the penitentiary. His appeal was perfected prior to July 1, 1971. Since a constitutional question had been raised, the appeal...

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