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PEOPLE v. NOLL

No. 4-82-0030.

109 Ill. App.3d 306 (1982)

440 N.E.2d 335

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DONALD NOLL, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed September 14, 1982.

Attorney(s) appearing for the Case

Daniel D. Yuhas and Janet Sinder, both of State Appellate Defender's Office, of Springfield, for appellant.

G. Patrick Riley, State's Attorney, of Eureka (Robert J. Biderman and David E. Mannchen, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

JUSTICE TRAPP delivered the opinion of the court:

Defendant appeals from his conviction for public indecency (Ill. Rev. Stat. 1979, ch. 38, par. 11-9(a)(3)). On appeal he asserts that there was a fatal variance between the evidence and the information as supplemented by a bill of particulars; that it was error for the trial court to refuse to instruct the jury it must find the evidence conforms...

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