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PEOPLE v. LOGAN

No. 50032.

72 Ill.2d 358 (1978)

381 N.E.2d 264

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. LAVON LOGAN, Appellant.

Supreme Court of Illinois.

Opinion filed September 19, 1978.

Attorney(s) appearing for the Case

Richard J. Wilson, Deputy Defender, and Richard E. Cunningham, Assistant Defender, of the Office of the State Appellate Defender, of Springfield, for appellant.

William J. Scott, Attorney General, of Springfield, and Robert J. Bier, State's Attorney, of Quincy (Donald B. Mackay, Melbourne A. Noel, Jr., and Michael I. Santow, Assistant Attorneys General, of Chicago, of counsel), for the People.

Judgment affirmed.

MR. JUSTICE RYAN delivered the opinion of the court:

This is an appeal from the judgment of the appellate court (49 Ill.App.3d 787), affirming the trial court's dismissal of a petition filed by defendant, Lavon Logan, pursuant to section 72 of the Civil Practice Act (Ill. Rev. Stat. 1975, ch. 110, par. 72).

In September of 1972, defendant was tried by a jury

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