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PEOPLE v. MERTENS

No. 77-384.

77 Ill. App.3d 791 (1979)

396 N.E.2d 595

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GORDON D. MERTENS, SR., et al., Defendants-Appellants.

Appellate Court of Illinois — Second District.

Opinion filed October 30, 1979.

Attorney(s) appearing for the Case

Arthur H. Zimmerman, of Zimmerman & Zimmerman, of Chicago, and James R. Truschke, of Whelan, Truschke and Associates, of Arlington Heights, for appellants.

William J. Cowlin, State's Attorney, of Woodstock (Phyllis J. Perko and Jan Tuckerman, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment remanded.

Mr. JUSTICE LINDBERG delivered the opinion of the court.

Defendants Gordon Mertens, Sr., his wife Marcella Mertens, and his sons Robert Mertens, and Gordon Mertens, Jr., appeal their convictions by a McHenry County jury of nine counts of theft.

On December 12, 1974, a search warrant was issued for the defendants' home located in Barrington Hills, Illinois. The warrant was executed that day and more than 400 items were seized as evidence...

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