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PEOPLE v. MERCHANT

No. 1-04-1765.

836 N.E.2d 820 (2005)

361 Ill. App.3d 69

297 Ill.Dec. 89

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Henry MERCHANT, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

September 27, 2005.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Brett C. Zeeb, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney, Cook County, Chicago (James Fitzgerald, Manny Magence, Jeffery Beck, of counsel), for Appellee.

Justice WOLFSON delivered the opinion of the court:

Felix Frankfurter wrote: "In law, as in life, lines have to be drawn." Pearce v. Commissioner of Internal Revenue, 315 U.S. 543, 558, 62 S.Ct. 754, 761, 86 L.Ed. 1016, 1025 (1942) (Frankfurter, J., dissenting). In this case, we are called on to draw the line between theft from a person and robbery of that person. The answer depends on our evaluation of the moment and purpose...

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