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PEOPLE v. McCLURE

Gen. No. 67-96.

93 Ill. App.2d 450 (1968)

235 N.E.2d 677

The People of the State of Illinois, Plaintiff-Appellee, v. Joseph B. McClure, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied April 24, 1968.

Attorney(s) appearing for the Case

Anna R. Lavin and Samuel V.P. Banks, of Chicago, for appellant.

William V. Hopf, State's Attorney of DuPage County, of Wheaton, and Kevin P. Connelly, Assistant State's Attorney, for appellee.

MR. JUSTICE MORAN delivered the opinion of the court.

Defendant was tried and convicted of burglary under section 19-1(a) of the Criminal Code (Ill Rev Stats 1965, c 38, § 19-1(a)). He was sentenced to a term of not less than two nor more than ten years in the state penitentiary. He appeals from that judgment charging that there was a fatal variance between the allegations of the information and the proofs, that irrelevant and immaterial evidence was admitted...

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