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PEOPLE v. FLATT

No. 78-197.

75 Ill. App.3d 930 (1979)

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ANDREW FLATT, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed August 29, 1979.

Attorney(s) appearing for the Case

Michael M. Mihm, State's Attorney, of Peoria (John X. Breslin, of State's Attorneys Appellate Service Commission, of counsel), for the People.

Robert Agostinelli and Michael Filipovic, both of State Appellate Defender's Office, of Ottawa, for appellee.

Reversed and remanded.

Mr. JUSTICE BARRY delivered the opinion of the court:

The defendant, Andrew Flatt, was charged by indictment, in Peoria County, with burglary. Subsequent to the return of the indictment the defendant filed a motion to produce physical evidence seeking specifically a broken plate-glass window which allegedly had defendant's fingerprints on it. The investigating police had allegedly lifted the

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