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PEOPLE v. YARBER

No. 5-95-0143.

663 N.E.2d 1131 (1996)

279 Ill. App.3d 519

215 Ill.Dec. 617

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Samuel YARBER, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

April 16, 1996.

Attorney(s) appearing for the Case

Michael Wepsiec, State's Attorney, Murphysboro; Norbert J. Goetten, Director; Robert J. Biderman, Deputy Director; Charles F. Mansfield, Staff Attorney; State's Attorneys Appellate Prosecutor, Springfield, for Appellant.

Daniel M. Kirwan, Deputy Defender; Rita K. Peterson, Assistant Defender; Office of the State Appellate Defender, Mount Vernon, for Appellee.

Justice KUEHN delivered the opinion of the court:

On Wednesday, November 9, 1994, at approximately 9:15 p.m., defendant Samuel Yarber (Yarber) arrived in Carbondale, Illinois, on an Amtrak train. He exited the train and began walking towards the station parking lot. As he was walking, he was approached by Carbondale police officer Dee Cross, who called Yarber by name. Officer Cross asked Yarber for identification. Yarber

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