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THE PEOPLE v. THOMAS

No. 41831.

43 Ill.2d 328 (1969)

253 N.E.2d 431

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ANTHONY THOMAS, Appellant.

Supreme Court of Illinois.

Opinion filed November 26, 1969.

Attorney(s) appearing for the Case

GERALD W. GETTY, Public Defender, of Chicago, (NORMAN W. FISHMAN, JAMES D. HENNINGS and JAMES J. DOHERTY, Assistant Public Defenders, of counsel,) for appellant.

WILLIAM J. SCOTT, Attorney General, of Springfield, and EDWARD V. HANRAHAN, State's Attorney, of Chicago, (JAMES B. ZAGEL, Assistant Attorney General, and ELMER C. KISSANE and MICHAEL D. STEVENSON, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

Anthony Thomas, James Felder and his wife Anita Felder were indicted upon a charge of armed robbery by the grand jury of Cook County. Uncontradicted testimony of witnesses for the prosecution established that James Felder was disarmed and arrested on the spot during the course of an armed robbery of a grocery store. Anthony Thomas was arrested shortly thereafter in his apartment...

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