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PEOPLE v. BANKS

No. 50684.

75 Ill.2d 383 (1979)

388 N.E.2d 1244

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. ALBERT BANKS, Appellee.

Supreme Court of Illinois.

Opinion filed January 26, 1979.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Clyde L. Kuehn, State's Attorney, of Belleville (Donald B. Mackay, Melbourne A. Noel, Jr., and Dale M. Bennett, Assistant Attorneys General, of Chicago, and Bruce D. Irish and Raymond F. Buckley, Jr., of the State's Attorneys Appellate Service Commission, of Mt. Vernon, of counsel), for the People.

Charles L. Grotts, Assistant Public Defender, of Belleville, for appellee.

Reversed and remanded.

MR. JUSTICE CLARK delivered the opinion of the court:

The St. Clair County grand jury, in September 1975, charged the defendant, Albert Banks, and his wife, Debra Banks, with aggravated battery, and with robbery "in that they did take property, being two (2) rings from the person or presence of Zilphia Lauderdale, by the use of force" on August 11, 1975. Later the court granted a motion for...

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