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PEOPLE v. CLINE

Nos. 2-97-0972, 2-97-0973.

700 N.E.2d 115 (1998)

298 Ill. App.3d 489

233 Ill.Dec. 14

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael A. CLINE et al., Defendants-Appellants.

Appellate Court of Illinois, Second District.

August 12, 1998.

Attorney(s) appearing for the Case

Michael J. Phillips, Freeport, for Michael A. Cline.

Michael P. Bald, Stephenson County State's Atty., Freeport, Martin P. Moltz, Deputy Director, State's Attys. Appellate Prosecutor, Elgin, Judith E. Koehler, Chicago, for People in No. 2-97-0972.

Michael P. Bald, Stephenson County State's Atty., Freeport, Martin P. Moltz, Deputy Director, State's Attys. Appellate Prosecutor, Elgin, for People in No. 2-97-0973.

Justice BOWMAN delivered the opinion of the court:

Defendants, Michael A. Cline and Christopher J. Gens, were employed by Oakland Cemetery Association of Freeport, Inc., which operates Oakland Cemetery (Cemetery). On April 28, 1997, they removed the gravestone marking Hazel McLarnon's grave because Ms. McLarnon's family had failed to pay the Cemetery the costs associated with her burial. Based on their removal of the gravestone, defendants were arrested. After a bench...

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