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PEOPLE v. HENRY

No. 73-57.

20 Ill. App.3d 73 (1974)

312 N.E.2d 719

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. CARDELL HENRY, Defendant-Appellee.

Appellate Court of Illinois — Third District.

June 5, 1974.

Attorney(s) appearing for the Case

Edward P. Drolet, State's Attorney, of Kankakee, for the People.

Robert Agostinelli, of State Appellate Defender's Office, of Ottawa, for appellee.

Reversed and remanded.

Mr. JUSTICE DIXON delivered the opinion of the court:

An indictment was returned Nov. 15, 1972, charging the defendant, Cardell Henry, in one count, with theft of a bicycle of a value less than $150, also alleging a previous conviction of the crime of theft. Defendant filed a motion to strike the allegation of the previous conviction. After a hearing and over the objection of the State the trial court on January 31, 1973, ordered stricken...

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