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PEOPLE v. LaCOCO

No. 31332.

406 Ill. 303 (1950)

94 N.E.2d 178

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. NICKOLAS LaCOCO et al., Plaintiffs in Error.

Supreme Court of Illinois.

Rehearing denied September 18, 1950.

Attorney(s) appearing for the Case

CHARLES A. BELLOWS, of Chicago, for plaintiff in error Nickolas LaCoco, and RICHARD DEVINE, of Chicago, for plaintiff in error Harry Wagner.

IVAN A. ELLIOTT, Attorney General, of Springfield, and JOHN S. BOYLE, State's Attorney, of Chicago, (JOHN T. GALLAGHER, RUDOLPH L. JANEGA, EDMUND H. GRANT, and WILLIAM BRUMLIK, all of Chicago, of counsel,) for the People.

Affirmed as to LaCoco; reversed and remanded as to Wagner.

Mr. JUSTICE WILSON delivered the opinion of the court:

The defendants, Nickolas LaCoco and Harry Wagner, together with Albert Smyth and Ray Auburn, were indicted in the criminal court of Cook County for the burglary of a currency exchange. Auburn died before the trial and Smyth was granted a severance from LaCoco. Wagner, upon being denied a severance from LaCoco, stood trial with him and a jury found...

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