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PEOPLE v. ARENIBAR

No. 58677.

18 Ill. App.3d 67 (1974)

309 N.E.2d 273

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MANUEL B. ARENIBAR, Defendant-Appellant.

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

February 19, 1974.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (John Kalnins and Phillip A. Olson, Assistant Public Defenders, of counsel), 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 reversed.

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

The defendant, Manuel B. Arenibar, was found guilty after a bench trial of theft (Ill. Rev. Stat. 1971, ch. 38, par. 16-1), and placed on one year probation on the condition that he serve the first six months in the House of Correction.

The defendant contends that he was not proved guilty beyond a reasonable doubt; that there was a fatal variance between the allegations...

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