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THE PEOPLE v. McKINNEY

No. 37840.

31 Ill.2d 246 (1964)

201 N.E.2d 431

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. ELVISTON McKINNEY, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed September 29, 1964.

Attorney(s) appearing for the Case

FRED P. BOSSELMAN, of Chicago, for plaintiff in error.

WILLIAM G. CLARK, Attorney General, of Springfield, and DANIEL P. WARD, State's Attorney, of Chicago, (FRED G. LEACH and E. MICHAEL O'BRIEN, Assistant Attorneys General, and ELMER C. KISSANE and LESTER A. BONAGURO, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE DAILY delivered the opinion of the court:

The principal question presented in this case, wherein we have consolidated appeals from a judgment of conviction and an order denying post-conviction relief, is whether the prosecution knowingly permitted the use of perjured testimony to secure the conviction of defendant, Elviston McKinney, for the crime of armed robbery. If the charge...

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