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PEOPLE v. ALLENDER

No. 48192.

69 Ill.2d 38 (1977)

370 N.E.2d 509

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. HOWARD L. ALLENDER, Appellee.

Supreme Court of Illinois.

Opinion filed November 30, 1977.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Robert E. Murphy and C. Glennon Rau, State's Attorneys, of Waterloo (James B. Zagel, Jayne A. Carr and Donald Hubert, Assistant Attorneys General, and Edward N. Morris, Martin P. Moltz, and Phyllis J. Perko, of Illinois State's Attorneys Association Statewide Appellate Assistance Service, of Elgin, of counsel), for the People.

Michael J. Rosborough, Deputy Defender, and Daniel M. Kirwan, Assistant Defender, of the Office of the State Appellate Defender, of Mount Vernon, for appellee.

Reversed and remanded.

MR. JUSTICE GOLDENHERSH delivered the opinion of the court:

In a jury trial in the circuit court of Monroe County, defendant, Howard L. Allender, was convicted of attempted burglary and sentenced to the penitentiary for not less than three nor more than seven years. The appellate court reversed (33 Ill.App.3d 843), and we allowed the People's petition for leave to appeal. In reversing the judgment...

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