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THE PEOPLE v. CATAVDELLA

Nos. 38237-8-9, Cons.

31 Ill.2d 382 (1964)

202 N.E.2d 1

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. MICHAEL CATAVDELLA et al., Plaintiffs in Error.

Supreme Court of Illinois.

Rehearing denied November 23, 1964.

Attorney(s) appearing for the Case

HARRY J. BUSCH, R. EUGENE PINCHAM and CHARLES B. EVINS, all of Chicago, for plaintiffs in error.

WILLIAM G. CLARK, Attorney General, of Springfield, and DANIEL P. WARD, State's Attorney, of Chicago, (FRED G. LEACH and E. MICHAEL O'BRIEN, Assistant Attorneys General, and ELMER C. KISSANE and MATTHEW J. MORAN, Assistant State's Attorneys, of counsel,) for the People.

Judgments reversed.

Mr. CHIEF JUSTICE KLINGBIEL delivered the opinion of the court:

The defendants, Michael Catavdella, Philip Fiore and Thomas Pennavaria, were tried jointly in the criminal court of Cook County and convicted of the crime of burglary. Catavdella was sentenced to the penitentiary for a term of not less than 2 nor more than 5 years; Fiore was sentenced to the penitentiary for not less than 5 nor more than 10 years; and Pennavaria was sentenced...

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