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PEOPLE v. McCARTY

No. 13283.

41 Ill. App.3d 213 (1976)

354 N.E.2d 74

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. HAROLD McCARTY, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed August 26, 1976.

Attorney(s) appearing for the Case

Thomson, Thomson, Zanoni & Flynn, of Bloomington (Mike McElvain, of counsel), for appellant.

Paul R. Welch, State's Attorney, of Bloomington (G. Michael Prall and James R. Sanders, both of Illinois State's Attorneys Association, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE CRAVEN delivered the opinion of the court:

After a bench trial, defendant, Harold McCarty, was convicted of theft of a Skil Saw, valued at less than $150, from a bridge construction site at Funks Grove, Illinois. Defendant was sentenced to 6 months' probation. He appeals.

At trial, the State presented three witnesses. Russell Shadday testified that the saw was owned by a contractor at the construction site. On August...

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