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PEOPLE v. WYNN

Nos. 79-516, 79-517 cons.

84 Ill. App.3d 591 (1980)

406 N.E.2d 35

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. CHERYL WYNN et al., Defendants-Appellees.

Appellate Court of Illinois — First District (5th Division).

Opinion filed May 9, 1980.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, Iris E. Sholder, and Paula M. Daleo, Assistant State's Attorneys, of counsel), for the People.

James J. Doherty, Public Defender, of Chicago (John E. Horn, Mary T. Woodward, and Barbara A. Fasano, Assistant Public Defenders, of counsel), for appellees.

Reversed and remanded.

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

This is a State appeal from the grant of defendants' motion in arrest of judgment after they had been found guilty in a bench trial of retail theft.

It appears that the motion was allowed on the ground that the complaint failed to properly allege ownership of the merchandise involved and, on appeal, it is contended...

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