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CITY OF CHICAGO v. MULKEY

No. 41419.

44 Ill.2d 558 (1970)

257 N.E.2d 1

THE CITY OF CHICAGO, Appellee, v. FRANK D. MULKEY et al., Appellants.

Supreme Court of Illinois.

Opinion filed March 24, 1970.

Attorney(s) appearing for the Case

GORDON H.S. SCOTT and ANTHONY J. MURRAY, JR., both of Chicago, for appellants.

RAYMOND F. SIMON, Corporation Counsel, of Chicago, (MARVIN E. ASPEN and RICHARD F. FRIEDMAN, of counsel,) for appellee.

Judgment reversed.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

After a bench trial in the circuit court of Cook County, the defendants, Frank D. Mulkey and Louis Ray Bradberry, were found guilty of possession of burglar's tools in violation of section 193.10 of the Municipal Code of Chicago, and each defendant was fined $200. Prior to the trial the defendants filed a motion to dismiss the complaint on the ground that the section of the code under...

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