MR. JUSTICE SCHWARTZ delivered the opinion of the court.
Charles McGill, Perry Russell and Clifford Johnson were charged with theft in violation of the Criminal Code (Ill Rev Stats, c 38, § 16-1 (b) (1963)) in that they "[k]nowingly obtained by deception control over ten thousand dollars in United States currency, the property of Edgar Cox, intending to permanently deprive said Edgar Cox of the use and benefit of said property...." They waived jury and on trial...
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