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PEOPLE v. NEITHER

No. 4-87-0551.

166 Ill. App.3d 896 (1988)

520 N.E.2d 1247

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. KENNETH E. NEITHER, JR., Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed March 9, 1988.

Attorney(s) appearing for the Case

Harvey C. Welch, of Champaign, for appellant.

Thomas J. Difanis, State's Attorney, of Urbana (Kenneth R. Boyle, Robert J. Biderman, and Gwendolyn W. Klingler, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Judgment affirmed.

JUSTICE SPITZ delivered the opinion of the court:

On April 2, 1987, defendant Kenneth E. Neither, Jr., was charged by indictment in the circuit court of Champaign County with one count of armed robbery, a Class X felony (Ill. Rev. Stat. 1985, ch. 38, par. 18-2(a)). Specifically, the indictment alleged that on March 13, 1987, the defendant, "while armed with a dangerous weapon, a knife, took...

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