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PEOPLE v. APPLEBY

Gen. No. 51,959.

104 Ill. App.2d 207 (1968)

244 N.E.2d 395

People of the State of Illinois, Plaintiff-Appellee, v. Argusta W. Appleby, Defendant-Appellant.

Appellate Court of Illinois — First District, Second Division.

December 30, 1968.

Attorney(s) appearing for the Case

Erwin Grombacher, of Chicago, for appellant.

John J. Stamos, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and James R. Truschke, Assistant State's Attorneys, of counsel), for appellee.

ON REHEARING

MR. JUSTICE LYONS delivered the opinion of the court.

The defendant, Argusta Appleby, was convicted in a bench trial for the offense of rape and sentenced by the court to a term of from not less than four (4) nor more than ten (10) years in the State Penitentiary. He appeals.

Among the theories advanced by defendant on review are contentions relating to: (1) the propriety of the circumstances surrounding his waiver of trial by jury;...

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