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PEOPLE v. BLAKENEY

No. 77-346.

59 Ill. App.3d 119 (1978)

375 N.E.2d 1309

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROY C. BLAKENEY et al., Defendants-Appellants.

Appellate Court of Illinois — First District (2nd Division).

Rehearing denied May 2, 1978.

Attorney(s) appearing for the Case

Julius Lucius Echeles and Sherman C. Magidson, both of Chicago (Carl J. Clavelli, of counsel), for appellants.

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger, Kenneth McCurry, and Richard Heytow, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed and cause remanded.

Mr. JUSTICE DOWNING delivered the opinion of the court:

In a bench trial, defendants were convicted of attempt (burglary) (Ill. Rev. Stat. 1975, ch. 38, par. 8-4) and possession of burglary tools (Ill. Rev. Stat. 1975, ch. 38, par. 19-2). Each received a single sentence of one to three years in the Illinois State Penitentiary. They appeal from their convictions, raising issues of whether there was a fatal variance between...

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