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PEOPLE v. MURPHY

No. 49558.

72 Ill.2d 421 (1978)

381 N.E.2d 677

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JAMES MURPHY, Appellant.

Supreme Court of Illinois.

Opinion filed October 6, 1978.

Attorney(s) appearing for the Case

Ralph Ruebner and Mary Robinson, Deputy Defenders, and Alan D. Goldberg, Assistant Defender, of the Office of State Appellate Defender, of Elgin (Joshua Sachs, of Chicago, of counsel), for appellant.

William J. Scott, Attorney General, of Springfield, and Dennis Ryan, State's Attorney, of Waukegan (Donald B. Mackay, Melbourne A. Noel, Jr., and Joseph P. Bohn, Assistant Attorneys General, of Chicago, and Phillis J. Perko, of the Illinois State's Attorneys Association, of Elgin, of counsel), for the People.

Judgment affirmed.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court:

Defendant, James Murphy, was indicted in Lake County for rape and indecent liberties with a child (Ill. Rev. Stat. 1973, ch. 38, pars. 11-1, 11-4). His first trial ended in a mistrial when the jury was unable to reach a verdict. At his second jury trial before the same judge, defendant was found guilty of indecent liberties only and was...

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