#### The People of the State of Illinois, defendant in error, v. Joseph Benedetto, plaintiff in error.

Gen. No. 29,183.

Prosecution for assault with deadly weapon. Defendant convicted. Error to the Criminal Court of Cook county; the Hon. M. L. McKinley, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.

Reversed and remanded.

Opinion filed February 3, 1925.

O’Brien, Prystalski & Owen, for plaintiff in error. Robert E. Crowe, State's Attorney, Edward W. Wilson and Clarence E. Nelson, Assistant State’s Attorneys, for defendant in error.

Mr. Justice Barnes

delivered the opinion of the court.