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PEOPLE v. BAXA

No. 42375.

50 Ill.2d 111 (1971)

277 N.E.2d 876

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JAMES BAXA, Appellant.

Supreme Court of Illinois.

Modified on denial of rehearing January 27, 1972.

Attorney(s) appearing for the Case

FREDERICK F. COHN, of Chicago, for appellant.

WILLIAM J. SCOTT, Attorney General, of Springfield, and EDWARD V. HANRAHAN, State's Attorney, of Chicago, (JAMES B. ZAGEL, Assistant Attorney General, and ROBERT A. NOVELLE and ALAN M. POLIKOFF, Assistant State's Attorneys, of counsel,) for the People.

Judgment reversed.

MR. JUSTICE SCHAEFER delivered the opinion of the court:

The defendant, James Baxa, was found guilty of theft after a bench trial in the circuit court of Cook County, and he was sentenced to imprisonment for not less than three years nor more than three years and one day. He has appealed to this court.

The indictment charged that on October 25, 1967, the defendant and Walter Palka "knowingly obtained unauthorized control over stolen...

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