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THE PEOPLE v. WOLLENBERG

No. 38571. Indict. Nos. 63-638 and 63-639, 60-2292.

37 Ill.2d 480 (1967)

229 N.E.2d 490

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. ANTHONY R. WOLLENBERG, Plaintiff in Error.

Supreme Court of Illinois.

Rehearing denied September 27, 1967.

Attorney(s) appearing for the Case

JOSEPH L. STONE, of Chicago, appointed by the court, for plaintiff in error.

WILLIAM G. CLARK, Attorney General, of Springfield, and JOHN J. STAMOS, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney General, and ELMER C. KISSANE and CARL M. WALSH, Assistant State's Attorneys, of counsel,) for the People.

No. 38571. Indict. Nos. 63-638 and 63-639, affirmed; Indict. No. 60-2292, reversed and remanded.

Mr. JUSTICE KLUCZYNSKI delivered the opinion of the court:

Defendant, Anthony R. Wollenberg, was tried and found guilty by a jury on two indictments, Nos. 63-638 and 63-639, each indictment containing three counts, attempted robbery, attempted murder and aggravated battery. The trial court held the last charge in each indictment merged with the greater offense...

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