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PEOPLE v. ARMSTRONG

Gen. No. 11,147.

16 Ill. App.2d 365 (1958)

148 N.E.2d 187

People of The State of Illinois, Plaintiff-Defendant in Error, v. Franklin Armstrong, Defendant-Plaintiff in Error.

Appellate Court of Illinois — Second District, First Division.

Rehearing denied March 17, 1958.

Released for publication March 17, 1958.

Attorney(s) appearing for the Case

Robert W. Besse, of Sterling, and L. Willard Nelson, of Morrison, plaintiff in error.

James E. Bales, State's Attorney, of Dixon, for defendant in error.

JUSTICE SPIVEY delivered the opinion of the court.

The defendant was found guilty by a jury upon an information charging him with operating a motor vehicle while under the influence of intoxicating liquor contrary to section 47 of the Uniform Traffic Act. (Ill. Rev. Stat. 1955, Chap. 95 1/2, par. 144.) The jury further found, as charged in the information, that the defendant had been previously convicted of a like offense on September 20, 1953. Defendant's post trial...

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