MR. PRESIDING JUSTICE DEMPSEY delivered the opinion of the court.
The defendant, Mitchell Benton, was indicted for the unlawful use of a weapon in violation of Ill Rev Stats 1965, c 38, § 24-1(a)(7). After a non-jury trial he was found guilty and sentenced to a term of three to five years in the penitentiary.
At the time of his arrest on July 14, 1966, Benton was standing on a street corner holding a 12-ounce soft drink bottle which a companion was attempting...
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