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PEOPLE v. PARTEE

No. 76-1192.

52 Ill. App.3d 178 (1977)

367 N.E.2d 188

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. MARLENE PARTEE, Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Rehearing denied September 20, 1977.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon and Myra J. Brown, Assistant State's Attorneys, of counsel), for the People.

Charles I. Schwartz, of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE JOHNSON delivered the opinion of the court:

The defendant, Marlene Partee, was indicted for armed robbery, in violation of section 18-2 of the Criminal Code of 1961 (Ill. Rev. Stat. 1973, ch. 38, par. 18-2). A jury trial was held in the circuit court of Cook County and a mistrial was declared on August 8, 1975. On May 24, 1976, defendant's motion to dismiss the indictment and to bar further prosecution of the defendant on...

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