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PEOPLE v. UPSHAW

Gen. No. 49,926.

58 Ill. App.2d 256 (1965)

207 N.E.2d 728

People of the State of Illinois, Plaintiff-Appellee, v. James Upshaw, Defendant-Appellant.

Appellate Court of Illinois — First District, Second Division.

Rehearing denied May 25, 1965.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender of Cook County, of Chicago (James J. Doherty and Frederick F. Cohn, of counsel), for appellant.

Daniel P. Ward, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and Matthew J. Moran, Assistant State's Attorneys, of counsel), for appellee.

MR. PRESIDING JUSTICE BURKE delivered the opinion of the court:

Defendant was found guilty of armed robbery at a jury trial and sentenced to five to ten years in the penitentiary. He appeals.

On December 6, 1963, James Glasper was the night attendant at a Clark Gasoline Service Station located on the south side of Chicago. About 2:30 a.m., Glasper was about to place cash receipts in the station safe when a customer, David Tolar, drove into the station and...

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