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PEOPLE v. MONTGOMERY

No. 57998.

16 Ill. App.3d 127 (1973)

305 N.E.2d 627

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. HARVEY MONTGOMERY, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

December 3, 1973.

Attorney(s) appearing for the Case

Frederick F. Cohn, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Kenneth L. Gillis and Jerald A. Kessler, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed as modified.

Mr. JUSTICE GOLDBERG delivered the opinion of the court:

Harvey Montgomery (defendant) was indicted for rape (Ill. Rev. Stat. 1971, ch. 38, par. 11-1), deviate sexual assault (Ill. Rev. Stat. 1971, ch. 38, par. 11-3) and armed robbery (Ill. Rev. Stat. 1971, ch. 38, par. 18-2.) A jury found him not guilty of rape and deviate sexual assault but guilty of armed robbery. He was sentenced to the penitentiary for five to 20 years....

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