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PEOPLE v. BERLIN

No. 50747.

75 Ill.2d 266 (1979)

388 N.E.2d 412

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. JOHN BERLIN, Appellee.

Supreme Court of Illinois.

Opinion filed April 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, J. Jonathan Regunberg, and Lee T. Hettinger, Assistant State's Attorneys, of counsel), for the People.

Ralph Ruebner, Deputy Defender, of the Office of the State Appellate Defender, of Chicago (Patricia Unsinn and Richard Steck, Assistant Defenders, and Bernadette Cole, law student, of counsel), for appellee.

Reversed and remanded.

MR. JUSTICE MORAN delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County, defendant was convicted of the offense of theft (Ill. Rev. Stat. 1973, ch. 38, par. 16-1(a)). The appellate court reversed (58 Ill.App.3d 612), and we granted the State leave to appeal.

The defendant testified on his own behalf. On cross-examination, the prosecution elicited...

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