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PEOPLE v. PEPPER

No. 71-43.

2 Ill. App.3d 621 (1971)

276 N.E.2d 416

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LARRY CALVIN PEPPER, Defendant-Appellant.

Appellate Court of Illinois — Third District.

December 15, 1971.

Attorney(s) appearing for the Case

Bruce Stratton, of Ottawa, (John Barton, of counsel,) for appellant.

James N. DeWulf, State's Attorney, of Rock Island, (F. Stewart Meridan, Assistant State's Attorney, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE SCOTT delivered the opinion of the court:

This is an appeal from the circuit court of Rock Island County.

There is a great discrepancy between the defendant Pepper's version of the factual situation in this case and that of the state. However, it is apparent that the defendant on July 26, 1970, returned to his home in Moline, Illinois, after a three day camping trip and at this time noticed

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