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People v. Cagle

OPINION FILED JANUARY 24, 1979.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

SAMUEL CAGLE, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of St. Clair County; the Hon. JOHN J. HOBAN, Judge, presiding.

MR. JUSTICE KUNCE DELIVERED THE OPINION OF THE COURT:

This is an appeal from the denial without an evidentiary hearing of the petition for post-conviction relief of defendant-appellant Samuel Cagle.

Cagle was indicted for murder on July 18, 1969. On September 9, 1969, he entered a plea of guilty. On October 6, 1969, he was sentenced to a term of imprisonment of 50 to 100 years by Judge Harold Farmer in the Circuit Court of St. Clair County.

The trial court's inquiry into the factual basis for the plea of guilty was, in its totality, as follows:

"THE COURT: Now, Mr. Cagle, is it true you did shoot a man?

THE DEFENDANT: Yes.

THE COURT: You did kill him; is that true?

THE DEFENDANT: Yes.

THE COURT: Has he talked to you about this matter?

MRS. WILSON [Defendant's mother]: Yes.

THE COURT: Has he told you that he killed a man?

MRS. WILSON: Yes, he told me this morning.

THE COURT: He told you this morning that he killed the man.

Alright, the court will accept your plea of ...


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