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People v. Ramirez

MARCH 27, 1968.

PEOPLE OF THE STATE OF ILLINOIS, APPELLEE,

v.

MANUEL RAMIREZ, APPELLANT.



Appeal from the Circuit Court of Cook County, Criminal Division; the Hon. JOHN C. FITZGERALD, Judge, presiding. Reversed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

CRIME CHARGED

Murder.

JUDGMENT

After a jury trial, the defendant was found guilty and sentenced to a term of 14 to 20 years.

CONTENTIONS ON APPEAL

(1) The evidence was insufficient to establish defendant's guilt.

(2) The prosecutor made prejudicial arguments to the jury.

(3) The court erred in instructing the jury.

(4) The totality of the circumstances surrounding the taking of an unsigned statement by defendant demonstrated a violation of his constitutional rights.

EVIDENCE

Dr. James W. Henry, for the State.

He was the chief pathologist for the Coroner of Cook County. He examined the remains of decedent (Julio Fazio) on October 18, 1965. Death was caused by asphyxia from suffocation, which, in turn, could have been caused by the gag in decedent's mouth. In his opinion, it was difficult to determine the time of death because of the body's having been in the water. It could have been there for as long as ...


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