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PEOPLE v. DiVITO

Gen. No. 50,044.

66 Ill. App.2d 282 (1966)

214 N.E.2d 320

People of the State of Illinois, Plaintiff-Appellee, v. William DiVito, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

January 6, 1966.

Attorney(s) appearing for the Case

R. Eugene Pincham and Charles B. Evins, of Chicago, for appellant.

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

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

This involves an appeal from a judgment finding the defendant guilty of the offense of robbery by force. The defendant was sentenced to the Illinois State Penitentiary for a term of 1 to 5 years. The trial was by the court without a jury.

The defendant's only point on this appeal is that since he had been a guest in an apartment previous to the commission of a robbery therein, the discovery...

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