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THE PEOPLE v. SOZNOWSKI

No. 35724.

22 Ill.2d 540 (1961)

177 N.E.2d 146

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. THEODORE SOZNOWSKI, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed September 22, 1961.

Attorney(s) appearing for the Case

THEODORE BERGER, 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 M. ROBERT OSTROW, Assistant State's Attorneys, of counsel,) for the People.

Judgment reversed.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

Defendant was convicted of burglary and sentenced to the penitentiary for a term of not less than five nor more than ten years. He brings this writ of error under Rule 65-1, contending that the State failed to prove an essential element of the crime charged, namely, that his entry was with the intent to commit larceny.

Defendant was indicted and tried both for burglary and for...

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