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PEOPLE v. MONTGOMERY

No. 78-1318.

84 Ill. App.3d 695 (1980)

405 N.E.2d 1275

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. WALTER MONTGOMERY, Defendant-Appellee.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed May 27, 1980.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger and Mary Ellen Dienes, Assistant State's Attorneys, of counsel), for the People.

Frederick F. Cohn, of Chicago, for appellee.

Affirmed in part and dismissed in part.

Mr. JUSTICE DOWNING delivered the opinion of the court:

Sometime between 5 and 6 a.m. on November 27, 1976, the defendant was arrested in his Chicago home by the Chicago police. Without a warrant of any type the defendant was arrested for an alleged rape which occurred on November 17, 1976. Certain articles were seized by the police at the time of the arrest. Thereafter defendant was indicted on four separate charges...

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