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PEOPLE v. DeSTEFANO

No. 59786.

30 Ill. App.3d 935 (1975)

332 N.E.2d 626

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MARIO DeSTEFANO, Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Rehearing denied August 25, 1975.

Attorney(s) appearing for the Case

Patrick A. Tuite and Dominic P. Gentile, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Patrick T. Driscoll, Jr., and John F. Brennan, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

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

This is an appeal from a judgment entered in the Circuit Court of Cook County. The defendant, Mario DeStefano, along with Sam DeStefano and Anthony Spilotro, were indicted on August 30, 1972, for the 1963 murder of Leo Foreman. Prior to trial Sam DeStefano was killed. Following a jury trial, Anthony Spilotro was acquitted, but defendant Mario DeStefano was found guilty...

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