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PEOPLE v. SCHWARTZ

No. 45982.

58 Ill.2d 274 (1974)

319 N.E.2d 23

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. NORMAN SCHWARTZ, Appellee.

Supreme Court of Illinois.

Rehearing denied November 26, 1974.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Bernard Carey, State's Attorney, of Chicago (James B. Zagel, Assistant Attorney General, Patrick T. Driscoll, Jr., Kenneth L. Gillis, and Matthew J. Moran, Assistant State's Attorneys, and Ricky Petrone (Senior Law Student), of counsel), for the People.

Harry J. Busch, Sherman C. Magidson and Marvin D. Michaels, all of Chicago (Jackson H. Welch, of counsel), for appellee.

Reversed and remanded.

MR. JUSTICE SCHAEFER delivered the opinion of the court:

The defendant, Dr. Norman Schwartz, was indicted for murder, and after a bench trial in the circuit court of Cook County he was found guilty of voluntary manslaughter and sentenced to the penitentiary for not less than 4 nor more than 14 years. On appeal the Appellate Court, First District, reversed the judgment because "The proof was insufficient to support the conviction of voluntary...

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