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People v. Miller
29 Ill. App. 3d 257
Ill. App. Ct.
1975
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Mr. PRESIDING JUSTICE SIMKINS

delivered the opinion of the court:

The defendant, Glenn Miller, was indicted for the crime of burglary, tried before a jury, and convicted. He was sentenced to an indeterminate term of 1 to 3 years.

He appeals, contending that guilt was not established beyond a reasonable doubt. The appellee has not filed a brief in support of the judgment below, and this places the reviewing court in the role of advocate as well as judge (People v. Spinelli, 83 Ill.App.2d 391, 227 N.E.2d 779). Lack of appearance by the appellee permits reversal of the judgment with no discussion of the merits. It is also true that if it would be manifestly unjust to reverse pro forma the court, in its discretion, may consider the appeal on its merits. After examining the record, we have determined that pro forma reversal is the appropriate action.

Judgment reversed.

TRAPP and CRAVEN, JJ., concur.

Case Details

Case Name: People v. Miller
Court Name: Appellate Court of Illinois
Date Published: Jun 19, 1975
Citation: 29 Ill. App. 3d 257
Docket Number: No. 12688
Court Abbreviation: Ill. App. Ct.
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