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PEOPLE v. SMITH

Gen. No. 52,575.

107 Ill. App.2d 267 (1969)

246 N.E.2d 880

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

Appellate Court of Illinois — First District, Second Division.

March 18, 1969.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender of Cook County, of Chicago (Saul H. Brauner, Norman W. Fishman, 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 James Veldman, Assistant State's Attorneys, of counsel), for appellee.

MR. JUSTICE McCORMICK delivered the opinion of the court.

The defendant, Barnester Smith, was indicted for theft of property of a value in excess of $150. He was tried before a jury, was convicted, and sentenced to a term of one to five years in the Illinois State Penitentiary. The only question before this court is whether he was convicted beyond a reasonable doubt.

Defendant was accused of stealing a 1965 Pontiac from in front of the owner's home at 7335...

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