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PEOPLE v. TOCCO

No. 32367.

413 Ill. 305 (1952)

108 N.E.2d 762

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. ALBERT TOCCO et al., Plaintiffs in Error.

Supreme Court of Illinois.

Opinion filed November 20, 1952.

Attorney(s) appearing for the Case

CHARLES A. BELLOWS, and JOSEPH F. MIRABELLA, both of Chicago, (ODE L. RANKIN, and JOSEPH I. BULGER, of counsel,) for plaintiffs in error.

IVAN A. ELLIOTT, Attorney General, of Springfield, and JOHN S. BOYLE, State's Attorney, of Chicago, (JOHN T. GALLAGHER, RUDOLPH L. JANEGA, ARTHUR MANNING, WILLIAM J. McGAH, JR., and HERBERT BARSY, all of Chicago, of counsel,) for the People.

Judgment reversed.

Mr. JUSTICE MAXWELL delivered the opinion of the court:

The defendants, Albert Tocco and Thomas Christofanelli, were indicted in the criminal court of Cook County for the crime of rape. They were tried by the court without a jury, each was found guilty and each was sentenced to the penitentiary for a term of 25 years. The defendants have brought the cause here on writ of error, contending that they were not proved guilty beyond a reasonable...

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