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PEOPLE v. CASSMAN

No. 74-239.

32 Ill. App.3d 456 (1975)

336 N.E.2d 85

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. FRED CASSMAN, Defendant-Appellant.

Appellate Court of Illinois — Second District (2nd Division).

October 9, 1975.

Attorney(s) appearing for the Case

Ralph Ruebner, of State Appellate Defender's Office, of Elgin, for appellant.

Gerry L. Dondanville, State's Attorney, of Geneva (Clarence Wittenstrom, Jr., Assistant State's Attorney, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE DIXON delivered the opinion of the court:

Defendant, Fred Cassman, was indicted by the Kane County Grand Jury for the offense of theft. He was found guilty at a jury trial and sentenced to three to nine years' imprisonment. He argues on appeal that he was not proven guilty beyond a reasonable doubt as there was a fatal variance between the indictment and the trial evidence as to the lawful ownership of the property involved,...

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