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THE PEOPLE v. BERRY

No. 40119.

37 Ill.2d 329 (1967)

226 N.E.2d 591

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. MARVIN DALE BERRY, Appellant.

Supreme Court of Illinois.

Opinion filed May 18, 1967.

Attorney(s) appearing for the Case

JOHN R. SPRAGUE, JOHN R. SPRAGUE, JR., and RONALD A. NIEMANN, all of Belleville, for appellant.

WILLIAM G. CLARK, Attorney General, of Springfield, (FRED G. LEACH, Assistant Attorney General, of counsel,) for the People.

Judgment affirmed.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

Defendant, Marvin Dale Berry, was tried by jury in the circuit court of Madison County, convicted of the crime of burglary, and sentenced to the penitentiary for a term of not less than five nor more than ten years. Jointly indicted and tried with him were two co-defendants, Clarence Barthelemy, who also was convicted but received probation, and Richard Hudson, who was acquitted....

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