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THE PEOPLE v. SMOLAREK

No. 36872.

26 Ill.2d 148 (1962)

185 N.E.2d 838

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. THEODORE SMOLAREK et al., Plaintiffs in Error.

Supreme Court of Illinois.

Rehearing denied November 29, 1962.

Attorney(s) appearing for the Case

BELLOWS, BELLOWS & MAGIDSON, of Chicago, for plaintiffs in error.

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

Judgment affirmed.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

Theodore Smolarek, Edmund Pasinski, and Frank Vojcak were tried by the court without a jury for the crime of larceny. The trial judge found all three guilty and found the value of the property taken to be $348. Vojcak was granted probation. Smolarek and Pasinski were sentenced to the penitentiary for terms of from five to eight years and from two to five years, respectively. Smolarek...

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