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17 Ill. App. 3d 960

People v. Young

Appellate Court of Illinois

Decided March 21, 1974

Appellate Court of Illinois · decided 1974-03-21

Cited by 3 later decisions — most recently April 1975

3 state decisions

Relies on 31 Ill. 2d 301 - The People v. English · 42 Ill. 2d 115 - The PEOPLE v. Luckey · 43 Ill. 2d 318 - The PEOPLE v. Richardson

Good law ✅— No negative treatment on recordhow we know

Decided 1974-03-21

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Mr. JUSTICE TRAPP

¶1dissenting:

¶2The precise issue raised here has been decided by the Illinois Supreme Court in People v. Richardson, 43 Ill.2d 318, 253 N.E.2d 420. It is not the province of this court to overrule either that decision or the provisions of Supreme Court Rule 402. People v. Billingsley, 97 Ill.App.2d 54, 239 N.E.2d 475.

¶3It further appears that the asserted constitutional issue was neither raised before, nor passed upon, by the trial court. Under the rule of People v. Luckey, 42 Ill.2d 115, 245 N.E.2d 769 and People v. English, 31 Ill.2d 301, 201 N.E.2d 454, such issue is not properly the subject of review here.

¶4The trial court should be affirmed.

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