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PEOPLE v. HURLBERT

No. 13034.

41 Ill. App.3d 300 (1976)

354 N.E.2d 652

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JAMES OTIS HURLBERT, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed September 2, 1976.

Attorney(s) appearing for the Case

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

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

Order affirmed.

Mr. JUSTICE GREEN delivered the opinion of the court:

Defendant James Otis Hurlbert was charged by a two-count indictment in the Circuit Court of McLean County. The counts purported to charge him with the offense of aggravated battery against two separate peace officers. After a jury was selected and sworn to try the case but before opening statements were made, the trial judge dismissed the...

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