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PEOPLE v. GARDNER

No. 76-423.

56 Ill. App.3d 606 (1977)

371 N.E.2d 1164

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. KIRBY GARDNER, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed December 30, 1977.

Attorney(s) appearing for the Case

Michael J. Rosborough and Randy E. Blue, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

K. Scott Wilzbach, State's Attorney, of Salem (Bruce D. Irish, of Illinois State's Attorneys Association, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE CARTER delivered the opinion of the court:

The defendant, Kirby Gardner, was arrested on January 7, 1976, and charged by information with armed robbery in the Circuit Court of Marion County, Illinois, two days thereafter. On February 15, 1976, the cause was set for jury trial for May 4 but was later continued to May 20, 1976 on motion by defense counsel, because the defense had not been furnished with a transcript of the preliminary...

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