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PEOPLE v. CLARK

Gen. No. 49,661.

59 Ill. App.2d 160 (1965)

208 N.E.2d 126

People of the State of Illinois, Appellee, v. Austin Clark, Appellant.

Appellate Court of Illinois — First District, First Division.

Rehearing denied June 3, 1965.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender of Cook County, of Chicago (Frederick F. Cohn and James J. Doherty, Assistant Public Defenders, of counsel), for appellant.

Daniel P. Ward, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and Paul Sheridan, Assistant State's Attorneys, of counsel), for appellee.

MR. PRESIDING JUSTICE BURMAN delivered the opinion of the court.

Austin Clark was convicted in a bench trial of burglary and was sentenced to imprisonment in the Illinois State Penitentiary for a term of three to five years. The defendant appealed directly to the Supreme Court but that court transferred the case here. The grounds on which the defendant seeks to reverse his conviction are (1) that the indictment was fatally defective because it does not contain the...

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