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PEOPLE v. LUCAS

Gen. No. 53,289.

109 Ill. App.2d 303 (1969)

248 N.E.2d 706

People of the State of Illinois, Plaintiff-Appellee, v. Stanley Lucas, Defendant-Appellant.

Appellate Court of Illinois — First District, Second Division.

April 8, 1969.

Attorney(s) appearing for the Case

Sherman, Schachtman & Stein, of Chicago (Jack G. Stein and Albert Brooks Friedman, of counsel), for appellant.

Edward V. Hanrahan, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and James S. Veldman, Assistant State's Attorneys, of counsel), for appellee.

MR. JUSTICE McCORMICK delivered the opinion of the court.

A four-count indictment charging gambling was returned against the defendant. Counts I, III and IV were dismissed. The case was tried before a judge without a jury and the defendant was found guilty of gambling under Count II of the indictment. The statute under which Count II was brought provides:

[Ill Rev Stats 1965, c 38, § 28-1(a)(5).] A person commits gambling when he knowingly owns or possesses...

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