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ABERNATHY, SR. v. PEOPLE

Gen. No. 68-120.

123 Ill. App.2d 263 (1970)

259 N.E.2d 363

Joseph E. Abernathy, Sr., Defendant-Appellant, v. People of the State of Illinois, Plaintiff-Appellee.

Appellate Court of Illinois — Fifth District.

April 10, 1970.

Attorney(s) appearing for the Case

Robert F. Godfrey, of East St. Louis, for appellant.

Robert H. Rice, State's Attorney of St. Clair County, of Belleville (John M. Karns, Jr., Assistant State's Attorney, of counsel), for appellee.

REARDON, J.

On October 3, 1968, a trial jury in St. Clair County, Illinois, convicted the defendant, Joseph E. Abernathy, Sr., of murder. Thereafter, the trial court ruled adversely to the defendant on his post-trial motion, and after a hearing in mitigation and aggravation sentenced the defendant to the Illinois State Penitentiary for a term of not less than 99 years and not more than 100 years.

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