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PEOPLE v. KENNY

No. 76-1249.

369 N.E.2d 116 (1977)

53 Ill. App.3d 872

11 Ill.Dec. 662

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Frank KENNY, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

October 6, 1977.

Attorney(s) appearing for the Case

James Geis, Deputy State App. Defender, Chicago, for defendant-appellant; Richard Steck, Chicago, of counsel.

Bernard Carey, State's Atty. of Cook County, for plaintiff-appellee; Laurence J. Bolon, Linda Ann Miller, Mary Ann Callum, Asst. State's Atty., Chicago, of counsel.

LINN, Justice:

At the conclusion of a bench trial in the circuit court of Cook County, Frank Kenny, defendant, was found guilty of battery (Ill.Rev.Stat. 1975, ch. 38, par. 12-3) and sentenced to a term of two years probation with psychiatric treatment. (Ill.Rev.Stat. 1975, ch. 38, par. 1005-6-3(b)(4).) He contends his right to due process of law was violated by the trial court's independent investigation of facts to determine guilt or

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