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PEOPLE v. BARRETT

No. 74-282.

35 Ill. App.3d 939 (1976)

342 N.E.2d 775

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CINDY BARRETT et al., Defendants-Appellants.

Appellate Court of Illinois — Second District (2nd Division).

Opinion filed February 20, 1976.

Attorney(s) appearing for the Case

Ralph Ruebner and Ira A. Moltz, both of State Appellate Defender's Office, of Elgin, for appellants.

Philip G. Reinhard, State's Attorney, of Rockford (Robert G. Gemignani, Assistant State's Attorney, and Edward N. Morris and Robert L. Janes, both of Illinois State's Attorneys Association, of counsel), for the People.

Judgment affirmed as modified.

Mr. JUSTICE RECHENMACHER delivered the opinion of the court:

Defendants appeal from their conviction on August 14, 1974, of direct (criminal) contempt of court and the sentence of 100 days in the county jail which was imposed on each of them.

The issues presented are (1) whether the trial judge in whose presence the contemptuous acts were committed should have recused himself from final determination of the charges and...

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