THE PEOPLE v. BERRY

No. 35174.

17 Ill.2d 247 (1959)

161 N.E.2d 315

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. WADDELL BERRY, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed September 24, 1959.


Attorney(s) appearing for the Case

GETER & GETER, of Chicago, (HOWARD D. GETER, SR., HOWARD D. GETER, and BENJAMIN C. DUSTER, of counsel,) for plaintiff in error.

LATHAM CASTLE, 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:

Under an indictment returned to the criminal court of Cook County, defendant, Waddell Berry, was charged in count 1 with the unlawful possession of policy paraphernalia on February 14, 1958, punishable as a misdemeanor, and in count 2 with the same act of possession plus a prior conviction for the possession of policy paraphernalia on October...

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