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THE PEOPLE v. SMITH

No. 38010.

38 Ill.2d 13 (1967)

230 N.E.2d 188

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. RUBIN SMITH, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed September 29, 1967.

Attorney(s) appearing for the Case

LOGAN D. FITCH, JR., of Chicago, appointed by the court, for plaintiff in error.

WILLIAM G. CLARK, Attorney General, of Springfield, and JOHN J. STAMOS, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney General, and ELMER C. KISSANE and JAMES B. ZAGEL, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

After a bench trial in the criminal court of Cook County Rubin Smith was found guilty of the illegal sale of narcotics and was sentenced to imprisonment for not less than ten years nor more than twenty. He seeks review in this court asserting as a basis for jurisdiction on direct review that his constitutional rights were violated at the trial.

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