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THE PEOPLE v. D'ANTONIO

No. 36665.

24 Ill.2d 477 (1962)

182 N.E.2d 224

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. JAMES J. D'ANTONIO, Plaintiff in Error.

Supreme Court of Illinois.

Rehearing denied May 23, 1962.

Attorney(s) appearing for the Case

GEORGE R. BIEBER, HERBERT BARSY, and MYER H. GLADSTONE, all 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 SCHAEFER delivered the opinion of the court:

The defendant, James J. D'Antonio, together with one Steve Tomares, was indicted for burglary. After a bench trial in the criminal court of Cook County, Tomares was found not guilty, and the defendant was found guilty. He was sentenced to the penitentiary for a term of not less than three years nor more than eight years, and he prosecutes this writ of error contending that the proof...

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