PEOPLE v. NEWBERN

No. 11936.

16 Ill. App.3d 1037 (1974)

307 N.E.2d 439

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RAY LEE NEWBERN, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

February 14, 1974.


Attorney(s) appearing for the Case

John F. McNichols, Deputy Defender, of Springfield (J. Daniel Stewart, Assistant Appellate Defender, of counsel), for appellant.

Robert Welch, State's Attorney, of Virginia (John A. Beyer, Circuit Attorneys Project, and Bruce Brown, Senior Law Student, of counsel), for the People.


Reversed and remanded.

Mr. JUSTICE TRAPP delivered the opinion of the court:

Defendant appeals a conviction upon his plea to a charge of reckless misconduct1 founded upon a spanking which caused injuries to his stepson. A sentence of one year was imposed to run concurrently with a sentence imposed upon a charge also pending against defendant.

Defendant urges that the admonition concerning the right to trial by jury given...

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