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PEOPLE v. MALONE

No. 51628.

78 Ill.2d 34 (1979)

397 N.E.2d 1379

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. CHARLES MALONE, Appellee.

Supreme Court of Illinois.

Opinion filed December 3, 1979.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Bernard Carey, State's Attorney, of Chicago (Donald B. Mackay and Melbourne A. Noel, Jr., Assistant Attorneys General, of Chicago, and Marcia B. Orr, Iris E. Shoulder, and Joel A. Eisen-Stein, Assistant State's Attorneys, of counsel), for the People.

Ralph Ruebner and Gordon Berry, Deputy Defenders, of Chicago, for appellee.

Appellate court reversed; circuit court affirmed.

MR. JUSTICE MORAN delivered the opinion of the court:

After a jury trial in the circuit court of Cook County, the defendant, Charles Malone, was convicted of armed robbery. The appellate court reversed and remanded for a new trial (67 Ill.App.3d 150), holding that defendant's prior convictions for misdemeanor theft were not...

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