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THE PEOPLE v. AUGHINBAUGH

No. 38991.

36 Ill.2d 320 (1967)

223 N.E.2d 117

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. ROBERT D. AUGHINBAUGH, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed January 19, 1967.

Attorney(s) appearing for the Case

MARVIN S. HELFAND, of Chicago, appointed by the court, for plaintiff in error.

WILLIAM G. CLARK, Attorney General, of Springfield, and DANIEL P. WARD, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney General, and ELMER C. KISSANE and JAMES S. VELDMAN, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE UNDERWOOD delivered the opinion of the court:

Robert D. Aughinbaugh was found guilty of robbery and armed robbery in a Cook County circuit court jury trial and was sentenced to 10 to 20 years imprisonment. He appeals directly here contending his constitutional rights were violated by testimony and comments as to his silence at the time he was identified in a police lineup. He also charges the trial court erred in refusing...

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