PEOPLE v. MILLER

No. 51714.

79 Ill.2d 454 (1980)

404 N.E.2d 199

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. JOHN MILLER, Appellee.

Supreme Court of Illinois.

Rehearing denied May 29, 1980.


Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Bernard Carey, State's Attorney, of Chicago (Donald B. Mackey and Melbourne A. Noel, Jr., Assistant Attorneys General, of Chicago, and Marcia B. Orr, Myra J. Brown, and Terrence P. Gillespie, Assistant State's Attorneys, of counsel), for the People.

James J. Doherty, Public Defender, of Chicago (Donald S. Honchell and John Thomas Moran, Assistant Public Defenders, of counsel), for appellee.


Appellate court reversed; circuit court affirmed.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court:

Defendant, John Miller, was tried in the circuit court of Cook County in October 1976 on charges of attempted murder and armed robbery. He was acquitted of attempted murder, and a mistrial was declared as to the charge of armed robbery. On retrial of the armed robbery charge, a jury found defendant guilty, and the court sentenced him to a term of imprisonment...

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