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PEOPLE v. McKINNEY

Gen. No. 53,924.

126 Ill. App.2d 339 (1970)

261 N.E.2d 797

People of the State of Illinois, Plaintiff-Appellee, v. Herbert McKinney (Impleaded), Defendant-Appellant.

Appellate Court of Illinois — First District, Second Division.

June 16, 1970.

Attorney(s) appearing for the Case

Ellis B. Rosenzweig, of Chicago (Wexler, Kane & Rosenzweig, of counsel), for appellant.

Edward V. Hanrahan, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and Paul P. Biebel, Jr., Assistant State's Attorneys, of counsel), for appellee.

MR. JUSTICE LYONS delivered the opinion of the court.

In a trial by the court without a jury, the defendant, Herbert McKinney, was found guilty of burglary (Ill Rev Stats 1967, c 38, § 19-1 (a)). Judgment was entered, motion for a new trial was denied, and, following a hearing in aggravation and mitigation, the defendant was sentenced to three to seven years in the State Penitentiary. In this appeal he contends that: (1) the indictment is defective in that it...

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