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PEOPLE v. THEO

No. 54781.

133 Ill. App.2d 684 (1971)

273 N.E.2d 498

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JOSEPH THEO, Defendant-Appellee.

Appellate Court of Illinois — First District.

Rehearing denied September 15, 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.

Charles B. Evins, R. Eugene Pincham, and Earl E. Strayhorn, all of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE BURMAN delivered the opinion of the court:

The defendant, Joseph Theo, was charged in an indictment with the offense of armed robbery. Subsequent to his arrest he filed a motion to suppress (1) the shoes taken from his person shortly after his arrest, and (2) certain articles taken from an apartment leased to one, Kathy Podkowa. After an evidentiary hearing conducted on July 30, 1969, Judge Emmett Morrissey denied the motion...

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