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PEOPLE v. GARDNER

No. 33244.

4 Ill.2d 232 (1954)

122 N.E.2d 578

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. CLAYTON E. GARDNER et al., Plaintiffs in Error.

Supreme Court of Illinois.

Opinion filed November 18, 1954.

Attorney(s) appearing for the Case

ROBERT H. JONES, and ROY P. HULL, (THOMAS B. KENNEDY, of counsel,) all of Peoria, for plaintiffs in error.

LATHAM CASTLE, Attorney General, of Springfield, and JAMES P. KELLSTEDT, State's Attorney, of Peoria, (FRED G. LEACH, GEORGE W. SCHWANER, JR., and ROBERT E. HUNT, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE FULTON prepared the following opinion prior to his resignation and it has been adopted and filed as the opinion of the court:

Plaintiffs in error, Clayton E. Gardner and Allen Lindquist, were charged with robbery and armed robbery by the grand jury of Peoria County in indictments filed in the circuit court of that county at the January, 1953, term. They entered pleas of not guilty and were tried and found guilty by a jury...

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