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PEOPLE v. ANDERSON

No. 60022.

22 Ill. App.3d 679 (1974)

318 N.E.2d 238

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. KENNETH ANDERSON, Defendant-Appellant.

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

September 27, 1974.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (William Krahl and Thomas F. Finegan, 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:

After a bench trial, defendant was found guilty of the crime of attempt burglary and sentenced to a term of 2 years to 2 years and 1 day. On appeal, he asserts that the State failed to prove beyond a reasonable doubt that he intended to commit a theft.

It appears from the testimony that a neighbor of Ruth Garvey heard his dog barking and momentarily thereafter heard...

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