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PEOPLE v. SPAIN

No. 60089.

24 Ill. App.3d 377 (1974)

321 N.E.2d 520

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RALPH SPAIN (Ralph Parrants), Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Supplemental opinion filed December 13, 1974.

Rehearing denied January 3, 1975.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Judith A. Stewart and Ira Churgin, Assistant Public Defenders, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Patrick T. Driscoll, Jr., Assistant State's Attorney, of counsel), for the People.

Judgment reversed.

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

This is an appeal from a misdemeanor conviction for unlawful use of weapons. On appeal, defendant challenges the sufficiency of the complaint and further contends that he was a security guard and comes within a statutory exemption for such guards commuting from home to work within one hour of employment.

On June 1, 1972, at approximately 5:30 P.M., Officer Bally of...

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