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eBook details

• Title: Withers v. the People
• Author : Supreme Court of Illinois
• Release Date : January 22, 1961
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Petitioner commenced these actions in the criminal court of Cook County by filing four petitions under section 72 of the Civil Practice Act, (Ill. Rev. Stat. 1959, chap. 110, par. 72,) requesting that judgments of conviction on four different indictments be vacated and a new trial granted on each. The appeals, which have been consolidated for review, are from orders denying each of the petitions. The records show that on April 28, 1952, four indictments were returned against the petitioner. Two indictments charged him with rape, another charged him with armed robbery and the fourth charged him with assault with intent to commit murder. After counsel had been appointed to represent him, he was arraigned on each indictment and pleaded not guilty as to each of them. At the request of petitioner's counsel, the court ordered that a psychiatric examination be made by the Behavior Clinic and a report thereof be made to the court on or before May 28, 1952. The results of the examination are not before us. On motion of petitioner, the cause was continued from May 28 to June 2 and again to June 24 on which day the court permitted him to withdraw his plea of not guilty as to each indictment and plead guilty as to each of them. The court accepted the pleas of guilty and entered judgments of conviction on the pleas. The sentences fixed by the court were 70 years confinement in the penitentiary for each rape, 10 to 20 years for the armed robbery and 12 to 14 years for the assault with intent to commit murder.

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