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PEOPLE v. ALLENDER

No. 72-99.

33 Ill. App.3d 843 (1975)

342 N.E.2d 284

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. HOWARD L. ALLENDER, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

November 21, 1975.

Attorney(s) appearing for the Case

Stephen P. Hurley and Ann L. Carr, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

Robert E. Murphy, State's Attorney, of Waterloo (James W. Jerz and Martin P. Moltz, both of Illinois State's Attorneys Association, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE GEORGE J. MORAN delivered the opinion of the court:

This is an appeal from a judgment of the circuit court of Monroe County entered after a jury verdict of guilty of attempt burglary. The principal issue is whether a pretrial identification procedure denied defendant due process of law.

The chief prosecution witness, an Illinois State trooper, testified that he observed the defendant at the scene of the offense. Subsequently...

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