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PEOPLE v. TOOLATE

No. 13489.

45 Ill. App.3d 567 (1976)

359 N.E.2d 1062

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MARVIN TOOLATE, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed December 30, 1976.

Attorney(s) appearing for the Case

Richard J. Wilson and John L. Swartz, both of State Appellate Defender's Office, of Springfield, for appellant.

Robert J. Bier, State's Attorney, of Quincy (G. Michael Prall and Jeffrey B. Levens, both of Illinois State's Attorneys Association, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE BARRY delivered the opinion of the court:

In a bench trial in Adams County on May 23, 1975, defendant Marvin Toolate was convicted of attempted burglary in violation of section 8-4(a) of the Criminal Code of 1961 (Ill. Rev. Stat. 1973, ch. 38, par. 8-4(a)). He was sentenced to 3 to 9 years imprisonment. The defendant appeals, arguing that he was not proven guilty beyond a reasonable doubt. On the basis of the facts and reasoning...

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