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PEOPLE v. SMITH

No. 58822.

18 Ill. App.3d 851 (1974)

310 N.E.2d 796

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TERRY SMITH, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

March 21, 1974.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Ira Churgin, Assistant Public Defender, 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. JUSTICE DEMPSEY delivered the opinion of the court:

Terry Smith was convicted in a non-jury trial of battery and criminal damage to property and was placed on probation for 1 year on each charge, the periods of probation to run concurrently.

In this appeal his sole contention is that he was not proved guilty of criminal damage to property because of a fatal discrepancy between...

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