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PEOPLE v. CHENEY

No. 31302.

405 Ill. 258 (1950)

90 N.E.2d 783

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. ELMORE CHENEY, Plaintiff in Error.

Supreme Court of Illinois.

Rehearing denied March 20, 1950.

Attorney(s) appearing for the Case

GEORGE W. SPRENGER, of Peoria, for plaintiff in error.

IVAN A. ELLIOTT, Attorney General, of Springfield, and MICHAEL A. SHORE, State's Attorney, of Peoria, (ALEX A. SLOAN, of Peoria, and HARRY L. PATE, of Tuscola, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE FULTON delivered the opinion of the court:

Elmore Cheney, plaintiff in error, was tried in the circuit court of Peoria County on an indictment consisting of a single count, charging rape of one Doris Haggard, who at the time was sixteen years of age. He was tried by a jury and found guilty of rape in the manner and form as charged in the indictment. By its verdict the jury fixed the punishment at imprisonment in the penitentiary...

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