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PEOPLE v. SWIFT

No. 78-377.

91 Ill. App.3d 361 (1980)

414 N.E.2d 895

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MICHAEL SWIFT, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed December 23, 1980.

Attorney(s) appearing for the Case

Robert Agostinelli and Peter A. Carusona, both of State Appellate Defender's Office, of Ottawa, for appellant.

Edward F. Petka, State's Attorney, of Joliet (John X. Breslin and Terry A. Mertel, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE STOUDER delivered the opinion of the court:

This is an appeal from a judgment of the circuit court of Will County finding defendant, Michael Swift, guilty of aggravated battery and robbery. On November 30, 1977, Bernard Rickerman collected the rent from apartments which he owned. He came home between 10:30 and 11 a.m. and went directly to his garage. While he was in the garage, two black men suddenly appeared. Rickerman recognized...

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