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THE PEOPLE v. ESPOSITO

No. 35338.

18 Ill.2d 104 (1959)

163 N.E.2d 487

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. FRANK ESPOSITO, Plaintiff in Error.

Supreme Court of Illinois.

Rehearing denied January 18, 1960.

Attorney(s) appearing for the Case

FRANK W. OLIVER, of Chicago, for plaintiff in error.

GRENVILLE BEARDSLEY, Attorney General, of Springfield, and BENJAMIN S. ADAMOWSKI, State's Attorney, of Chicago, (FRED G. LEACH, and WILLIAM H. SOUTH, Assistant Attorneys General, and FRANCIS X. RILEY, and EDWIN A. STRUGALA, Assistant State's Attorneys, of counsel,) for the People.

Judgment affirmed.

Mr. JUSTICE DAILY delivered the opinion of the court:

Frank Esposito, the defendant, was indicted for the crime of unlawfully and feloniously possessing burglar tools in violation of section 39 of division I of the Criminal Code. (Ill. Rev. Stat. 1957, chap. 38, par. 87.) After waiving trial by jury, he was convicted in the criminal court of Cook County and sentenced to the penitentiary for a term of not less than one nor more than two years...

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