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PEOPLE v. SMITH

Nos. 71-262-71-265 cons.

10 Ill. App.3d 501 (1973)

296 N.E.2d 15

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES SMITH et al., Defendants-Appellants.

Appellate Court of Illinois — Second District.

Supplemental opinion upon rehearing filed April 25, 1973.

Attorney(s) appearing for the Case

Paul Bradley and Ralph Ruebner, both of Defender Project, of Elgin, for appellants.

William V. Hopf, State's Attorney, of Wheaton, (Malcolm F. Smith, Assistant State's Attorney, of counsel,) for the People.

Reversed in part and affirmed in part; sentences modified upon rehearing.

Mr. JUSTICE GUILD delivered the opinion of the court:

The defendants James Smith and Joseph Carter were jointly tried for the burglary of two buildings known as No. 73 and No. 75 and a construction trailer in Itasca, Illinois, and for theft of property, both in excess of $150, and theft of property of a value less than $150. They were...

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