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PEOPLE v. COLLINS

Nos. 76-392 and 76-401.

370 N.E.2d 276 (1977)

54 Ill. App.3d 873

12 Ill.Dec. 653

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Paul G. COLLINS and Howard E. McMillan, Defendants-Appellants.

Appellate Court of Illinois, Third District.

November 30, 1977.

Attorney(s) appearing for the Case

Robert J. Agostinelli, Deputy State Appellate Defender, Third Judicial District, Ottawa, for defendants-appellants.

Thomas J. Homer, State's Atty., Lewistown, James E. Hinterlong, Principal Atty., Ill. State's Attys. Assn., Prosecutors Appellate Service, Ottawa, for plaintiff-appellee.

STENGEL, Presiding Justice:

Defendants Paul Collins and Howard McMillan were charged by information with burglary and felony theft. On August 8, 1976, a jury in the Circuit Court of Fulton County found both defendants guilty of burglary only. Collins received a one to three year prison sentence, and McMillan was sentenced to a prison term of two and one-half to seven and one-half years.

At trial Beryl Demott, an employee of International Harvester Company...

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