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PEOPLE v. WILSON

No. 74-90.

31 Ill. App.3d 1067 (1975)

335 N.E.2d 546

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CHARLES S. WILSON, III, Defendant-Appellant.

Appellate Court of Illinois — Second District (2nd Division).

September 24, 1975.

Attorney(s) appearing for the Case

Alex Rafferty, of Finn, Geiger & Rafferty, of Waukegan, for appellant.

Jack Hoogasian, State's Attorney, of Waukegan (James W. Jerz and Martin P. Moltz, both of Illinois State's Attorneys Association, of counsel), for the People.

Judgment affirmed, sentence vacated.

Mr. PRESIDING JUSTICE RECHENMACHER delivered the opinion of the court:

The defendant, an attorney, appeals his conviction for contempt of court and sentence of 12 hours in the county jail on the following grounds:

(1) that he was not guilty of contempt because he was physically and emotionally unable to comply with the court's order to proceed to trial; (2) that he cannot be incarcerated for contempt...

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