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PEOPLE v. CASTIGLIONE

No. 78-1815.

75 Ill. App.3d 469 (1979)

394 N.E.2d 607

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JOHN E. CASTIGLIONE, Defendant-Appellee.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed August 22, 1979.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr and James S. Veldman, Assistant State's Attorneys, of counsel), for the People.

Steven M. Levin, of Chicago, for appellee.

Order vacated and cause remanded.

Mr. PRESIDING JUSTICE SIMON delivered the opinion of the court:

Police investigating a broken window in a closed gas station discovered the defendant, John E. Castiglione, hiding inside. He was charged with burglary and found guilty in a bench trial. Castiglione admitted that he broke the window and illegally entered the station, but denied that he had the requisite specific intent for burglary. (Ill. Rev. Stat. 1977, ch....

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