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THE PEOPLE v. DE STEFANO

No. 36645.

23 Ill.2d 427 (1961)

178 N.E.2d 393

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. FERDINAND DE STEFANO, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed November 30, 1961.

Attorney(s) appearing for the Case

MELVIN B. LEWIS and FRANK W. OLIVER, both of Chicago, for plaintiff in error.

WILLIAM G. CLARK, Attorney General, of Springfield, and DANIEL P. WARD, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney General, and JOHN T. GALLAGHER and RUDOLPH L. JANEGA, Assistant State's Attorneys, of counsel,) for the People.

Judgment reversed.

Mr. JUSTICE DAILY delivered the opinion of the court:

After a bench trial in the criminal court of Cook County, the defendant, Ferdinand De Stefano, was convicted of larceny of a motor vehicle and sentenced to the penitentiary for a term of two to six years. Upon writ of error the only question presented is whether the evidence was sufficient to prove his guilt beyond a reasonable doubt.

At about 6:30 A.M. on May 30, 1960, a legal...

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