Reversed and remanded.
Mr. JUSTICE HERSHEY delivered the opinion of the court:
Defendant, David L. McKinstray, was convicted by a jury in the criminal court of Cook County of the crime of reckless homicide. Motions for new trial and in arrest of judgment were denied and defendant was sentenced to the penitentiary for a minimum term of 4 years and a maximum of 5 years.
The record discloses that at 12:30 A.M., on December 3, 1960, Melvin Krueger and...
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