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THE PEOPLE v. DIAZ

No. 54697.

1 Ill. App.3d 988 (1971)

275 N.E.2d 210

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. EDWIN DIAZ, et al., Defendants-Appellants.

Appellate Court of Illinois — First District.

September 28, 1971.

Attorney(s) appearing for the Case

Donald J. Stang, of Chicago, for appellants.

Edward V. Hanrahan, State's Attorney, of Chicago, (Robert A. Novelle, and Arthur L. Belkind, of counsel,) for the People.

Reversed and remanded.

Mr. PRESIDING JUSTICE LEIGHTON delivered the opinion of the court:

After a non-jury trial, defendants Edwin Diaz and Joseph Luke were convicted of attempt theft of a cash register. Diaz was sentenced to serve six months. Luke was admitted to probation for one year. Urging four contentions, they appeal to this court.

• 1 First, defendants contend that on two occasions the trial judge refused to consider competent and material...

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