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THE PEOPLE v. DOUGARD

No. 35107.

16 Ill.2d 603 (1959)

158 N.E.2d 596

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. ALEXANDER DOUGARD, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed May 22, 1959.

Attorney(s) appearing for the Case

PAUL B. BALLIN, JR., of Chicago, for plaintiff in error.

LATHAM CASTLE, Attorney General, of Springfield, and BENJAMIN S. ADAMOWSKI, State's Attorney, of Chicago, (FRED G. LEACH, WILLIAM H. SOUTH, FRANCIS X. RILEY, and JOHN T. GALLAGHER, of counsel,) for the People.

Judgment reversed.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

Defendant Alexander Dougard having waived a trial by jury was convicted upon a trial by the court, of the crime of burglary and was sentenced to serve a term of not less than two years nor more than three years in the penitentiary. Byron Larkin, his codefendant, had previously pleaded guilty to the charge of burglary. Both defendants then petitioned the court for probation and shortly...

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