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PEOPLE v. CUMMINGS

No. 76-20.

47 Ill. App.3d 578 (1977)

362 N.E.2d 415

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DONALD CUMMINGS et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

Opinion filed April 22, 1977.

Attorney(s) appearing for the Case

Edward Petka, State's Attorney, of Joliet (Thomas Cowgill, Assistant State's Attorney, of counsel), for the People.

Robert Agostinelli and Michael Pelletier, both of State Appellate Defender's Office, of Ottawa, for appellees.

Order vacated and cause remanded.

Mr. JUSTICE BARRY delivered the opinion of the court:

The defendants, Theopolis Wells and Donald Cummings, were charged by indictment with the offense of armed robbery. In April of 1975, they were tried before a jury for that offense, but after eight hours of jury deliberations and after the jury foreman informed the trial judge that the jury was deadlocked and that additional time could not resolve the deadlock, the trial...

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