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PEOPLE v. MANNING

No. 49571.

71 Ill.2d 132 (1978)

374 N.E.2d 200

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. RICHARD MANNING, Appellee.

Supreme Court of Illinois.

Opinion filed March 23, 1978.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Edward Petka, State's Attorney, of Joliet (Donald B. Mackay, Melbourne A. Noel, Jr., and Kenneth A. Grnacek, Assistant Attorneys General, of Chicago, and Robert Mueller, Assistant State's Attorney, of counsel), for the People.

Robert Agostinelli, Deputy Defender, and Michael J. Pelletier, Assistant Defender, of the Office of the State Appellate Defender, of Ottawa, for appellee.

Appellate court affirmed in part and reversed in part; circuit court affirmed in part and reversed in part.

MR. JUSTICE GOLDENHERSH delivered the opinion of the court:

In a jury trial in the circuit court of Will County, defendant, Richard Manning, was convicted of one count of burglary (Ill. Rev. Stat. 1973, ch. 38, par. 19-1(a)) and two counts of possession of controlled substances (Ill. Rev. Stat. 1973, ch. 56 1/2, par. 1402(a)(5) (barbituric acid); par...

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