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PEOPLE v. STARK

No. 76-274.

59 Ill. App.3d 676 (1978)

375 N.E.2d 826

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DANNY WAYNE STARK, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Supplemental opinion filed on denial of rehearing April 21, 1978.

Attorney(s) appearing for the Case

Michael J. Rosborough and Phillip A. Kramer, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

Clyde L. Kuehn, State's Attorney, of Belleville (Bruce D. Irish and John A. Clark, both of Illinois State's Attorneys Association, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE KARNS delivered the opinion of the court:

Defendant, Danny Wayne Stark, was convicted of the offense of theft of property valued over $150 by the Circuit Court of St. Clair County, following a jury trial, and was sentenced to a term of two to six years imprisonment. On appeal, the defendant contends that the lower court erred in denying his motion to suppress certain evidence seized pursuant to a search warrant and that the jury...

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