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PEOPLE v. SMITH

No. 46461.

59 Ill.2d 236 (1974)

319 N.E.2d 760

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JAMES SMITH (Audrey Murphy), Appellant.

Supreme Court of Illinois.

Opinion filed November 27, 1974.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Harold A. Cowen and John T. Moran, Jr., Assistant Public Defenders, of counsel), for appellant.

William J. Scott, Attorney General, of Springfield, and Bernard Carey, State's Attorney, of Chicago (James B. Zagel, Assistant Attorney General, and Patrick T. Driscoll, Jr., and Scott W. Petersen, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court:

Defendant, Audrey Murphy, a/k/a James Smith, was placed on five years' probation conditioned upon his serving the first nine months in the House of Correction for armed robbery following a "stipulated bench trial" in the circuit court of Cook County. The appellate court affirmed his conviction (People v. Smith, 16 Ill.App.3d 100

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