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PEOPLE v. SMITH

Gen. No. 51,812.

105 Ill. App.2d 14 (1969)

245 N.E.2d 13

People of the State of Illinois, Plaintiff-Appellee, v. Frank Smith, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

January 9, 1969.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender of Cook County, of Chicago (Ronald P. Katz and James J. Doherty, Assistant Public Defenders, of counsel), for appellant.

John J. Stamos, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and Howard Levine, Assistant State's Attorneys, of counsel), for appellee.

MR. JUSTICE DEMPSEY delivered the opinion of the court.

In December 1965, Frank Smith pleaded guilty to a charge of armed robbery. Despite prior convictions for assault with intent to rob, petty larceny (reduced from armed robbery), criminal trespass and aggravated assault, the judge placed him on probation. A month later he was arrested and again charged with robbery.

He was indicted for the robbery, and a rule to show cause why his probation should not be...

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