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PEOPLE v. GARDNER

No. 75-188.

40 Ill. App.3d 700 (1976)

352 N.E.2d 448

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. THOMAS R. GARDNER et al., Defendants-Appellants.

Appellate Court of Illinois — Fifth District.

Opinion filed July 29, 1976.

Attorney(s) appearing for the Case

Apoian, Ross & Funk, P.C., of East St. Louis (Haig Apoian, of counsel), for appellant Thomas R. Gardner.

James J. Gomric, of Belleville, for appellant Harry McCraw.

Robert H. Rice, State's Attorney, of Belleville (Robert L. Craig, Assistant State's Attorney, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE EBERSPACHER delivered the opinion of the court:

After a jury trial in the circuit court of St. Clair County, defendants Thomas R. Gardner and Harry McCraw were convicted of the offense of burglary and each was sentenced to a term of two to six years in the penitentiary. Both defendants have appealed and their appeals have been consolidated for purposes of review.

Two issues are presented by the defendant, Thomas R. Gardner...

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