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PEOPLE v. DERRICO

No. 31840.

409 Ill. 453 (1951)

100 N.E.2d 607

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. FRANK DERRICO, Plaintiff in Error.

Supreme Court of Illinois.

Rehearing denied September 17, 1951.

Attorney(s) appearing for the Case

SAMUEL L. GOLAN, and LEONARD W. GOLAN, both of Chicago, for plaintiff in error.

IVAN A. ELLIOTT, Attorney General, of Springfield, and CHARLES A. HELFFRICH, State's Attorney, of Ottawa, (JOHN S. MASSIEON, of Ottawa, and HARRY L. PATE, of Tuscola, of counsel,) for the People.

Judgment affirmed.

Mr. JUSTICE CRAMPTON delivered the opinion of the court:

A grand jury of the October, 1949, term of the circuit court of La Salle County returned an indictment of two counts, charging the defendant, Derrico, with the burglary of the H. Levine Company warehouse in La Salle on the night of February 22, 1949. Each count invoked the provisions of the Habitual Criminal Act, because Derrico had been successfully prosecuted in the Federal court...

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