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PEOPLE v. WITHERS

No. 59644.

38 Ill. App.3d 77 (1976)

347 N.E.2d 393

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

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

Rehearing denied May 26, 1976.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (David W. Hirschboeck and Harold A. Cowen, Assistant Public Defenders, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon and John T. Theis, Assistant State's Attorneys, and Michael W. Ward, Law Student, of counsel), for the People.

Affirmed in part and reversed and remanded in part.

Mr. JUSTICE BURMAN delivered the opinion of the court:

The defendant, Fred Withers, and two co-defendants were charged by indictment with the offenses of murder, armed robbery, unlawful use of weapons and theft. In a separate trial defendant moved to quash the arrest and to suppress statements and physical evidence. After a hearing the court denied said motions. Thereafter, defendant plead guilty to the charges...

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