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PEOPLE v. McCUTCHEON

No. 48991.

68 Ill.2d 101 (1977)

368 N.E.2d 886

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. JOHN McCUTCHEON, Appellee.

Supreme Court of Illinois.

Opinion filed October 5, 1977.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and John G. Satter, and C. David Vogel, State's Attorneys, of Pontiac (James B. Zagel, Jayne A. Carr, Donald B. Mackay, and Raymond McKoski, Assistant Attorneys General, of Chicago, and Robert C. Perry, of the Illinois State's Attorneys Association Prosecutor's Appellate Service, of Springfield, of counsel), for the People.

Richard J. Wilson, Deputy Defender, and Charles M. Schiedel, Assistant Defender, of the Office of the State Appellate Defender, of Springfield, for appellee.

Appellate court reversed; circuit court affirmed.

MR. JUSTICE CLARK delivered the opinion of the court:

Defendant, John McCutcheon, was indicted in Livingston County for the felony of indecent liberties with a child (Ill. Rev. Stat. 1969, ch. 38, par. 11-4) and the misdemeanor of contributing to the sexual delinquency of a child (Ill. Rev. Stat. 1969, ch. 38, par. 11-5) for engaging in a single act of sexual intercourse with a 15-year-old girl. Pursuant to...

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