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PEOPLE v. SMITH

No. 78-78.

72 Ill. App.3d 956 (1979)

390 N.E.2d 1356

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. KENNETH SMITH, Defendant-Appellant.

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

Opinion filed May 29, 1979.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Anthony Pinelli, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger, Mary Ellen Dienes, and Dewey Roscoe Jones, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE PERLIN delivered the opinion of the court:

Defendant Kenneth Smith was charged with "intent to defraud" the Illinois Bell Telephone Company (Ill. Rev. Stat. 1973, ch. 134, par. 15c(c)) after police searched defendant's apartment and recovered a "blue box" device.1 On February 14, 1974, the court sustained defendant's motion to quash the warrant authorizing the search of defendant's apartment. On February...

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