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PEOPLE v. SMITH

No. 54136.

5 Ill. App.3d 341 (1971)

275 N.E.2d 480

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. FRED DEAN SMITH, Defendant-Appellee.

Appellate Court of Illinois — First District.

Rehearing denied October 21, 1971.

Attorney(s) appearing for the Case

Edward V. Hanrahan, State's Attorney, of Chicago, (Elmer C. Kissane and Matthew J. Moran, Assistant State's Attorneys, of counsel,) for the People.

Carbonaro, Carbonaro and Valentine, of Chicago, for appellee.

Judgment affirmed.

Mr. JUSTICE McGLOON delivered the opinion of the court as modified upon the denial of petition for rehearing:

The defendant, Fred Dean Smith, was indicted for theft (Ill. Rev. Stat. 1967, ch. 38, par. 16-1, (d-1)). Prior to trial the defendant made a motion to suppress, as evidence, various articles recovered by federal agents from a garage and a vehicle, both of which were located on private property owned by the defendant. The trial judge...

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