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PEOPLE v. WALSTON

Gen. No. 50,380.

71 Ill. App.2d 407 (1966)

219 N.E.2d 108

The People of the State of Illinois, Plaintiff-Appellee, v. Garland Walston (Impleaded), Defendant-Appellant.

Appellate Court of Illinois — First District, First Division.

May 23, 1966.

Attorney(s) appearing for the Case

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

Daniel P. Ward, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and Joel M. Flaum, Assistant State's Attorney, of counsel), for appellee.

MR. PRESIDING JUSTICE KLUCZYNSKI delivered the opinion of the court.

Defendant, Garland Walston, pleaded guilty to the charge of armed robbery. His motion to withdraw the plea prior to being sentenced was denied. He appeals, claiming the motion was timely and that no prejudice would have been suffered by the state if the motion had been allowed and the defendant permitted to have the cause tried on the merits.

Defendant originally entered a plea of not guilty...

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