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THE PEOPLE v. O'LEARY

No. 42475.

45 Ill.2d 122 (1970)

257 N.E.2d 112

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. KENNETH O'LEARY, Appellant.

Supreme Court of Illinois.

Opinion filed March 24, 1970.

Attorney(s) appearing for the Case

WILLIAM S. SCHILDMAN, of Jacksonville, appointed by the court, for appellant.

WILLIAM J. SCOTT, Attorney General, of Springfield, and CHARLES J. RYAN, State's Attorney, of Jacksonville, (FRED G. LEACH, Assistant Attorney General, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE BURT delivered the opinion of the court:

This is an appeal from an order granting the State's Attorney's motion to dismiss a petition under the Illinois Post-Conviction Hearing Act.

The appellant, Kenneth O'Leary, after a jury trial, was found guilty of burglary in the circuit court of Morgan County on November 26, 1968, and was sentenced to serve two to ten years in the penitentiary. A post-conviction petition was...

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