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PEOPLE v. WISEMAN

No. 46380.

59 Ill.2d 45 (1974)

319 N.E.2d 225

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. CLYDE D. WISEMAN, Appellee.

Supreme Court of Illinois.

Rehearing denied November 26, 1974.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Frank Bonan, State's Attorney of McLeansboro (James B. Zagel and Melbourne A. Noel, Jr., Assistant Attorneys General, of counsel), for the People.

Robert H. Rath, of Harrisburg, for appellee.

Appellate court reversed; circuit court affirmed.

MR. JUSTICE SCHAEFER delivered the opinion of the court:

A jury in the circuit court of Hamilton County found the defendant, Clyde D. Wiseman, guilty of theft, and he was sentenced to imprisonment in the penitentiary for not less than one nor more than three years. The Appellate Court, Fifth District, reversed the conviction on the ground that the trial court erred in denying the defendant's pretrial motion...

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