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PEOPLE v. O'BRIEN

No. 31073.

404 Ill. 236 (1949)

88 N.E.2d 486

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. WALTER DONALD O'BRIEN, Plaintiff in Error.

Supreme Court of Illinois.

Rehearing denied November 21, 1949.

Attorney(s) appearing for the Case

JOSEPH LUSTFIELD, of Chicago, for plaintiff in error.

IVAN A. ELLIOTT, Attorney General, of Springfield, and JOHN S. BOYLE, State's Attorney, of Chicago, (JOHN T. GALLAGHER, W.S. MIROSLAWSKI, JOHN J. PHILLIPS, RUDOLPH L. JANEGA, and JOHN L. HENDRICKS, all of Chicago, of counsel, for the People.

Reversed and remanded.

Mr. JUSTICE SIMPSON delivered the opinion of the court:

Plaintiff in error, Walter Donald O'Brien, was convicted of the offense of malicious mischief after a trial before the court without a jury, and was sentenced to one year in the county jail. On writ of error to the Appellate Court the conviction was affirmed. The case is before us on writ of error.

Plaintiff in error was indicted...

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