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THE PEOPLE v. BALLINGER

No. 37714.

36 Ill.2d 620 (1967)

225 N.E.2d 10

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. JESSE BALLINGER, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed March 29, 1967.

Attorney(s) appearing for the Case

A.J. HARDIMAN and H. WIELOCK, both 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 E. JAMES GILDEA, Assistant State's Attorneys, of counsel,) for the People.

Judgment affirmed.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

The defendant, Jesse Ballinger, was tried in the criminal court of Cook County before the court without a jury and found guilty of murder, for which he was sentenced to the penitentiary for a term of 35 years. The case is before us on a writ of error.

The only eyewitness to the offense was Alfred Howard, a nine-year-old boy, and the defendant's first contention is that the...

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