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PEOPLE v. GALAN

Gen. No. 53,300.

110 Ill. App.2d 98 (1969)

249 N.E.2d 118

People of the State of Illinois, Plaintiff-Appellee, v. August Galan, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

May 1, 1969.

Attorney(s) appearing for the Case

Sherman, Schachtman & Stein, of Chicago (Albert Brooks Friedman, of counsel), for appellant.

John J. Stamos, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and Michael Stevenson, Assistant State's Attorneys, of counsel), for appellee.

MR. JUSTICE DEMPSEY delivered the opinion of the court.

The defendant was tried in a bench trial and convicted of gambling under a statute reading: "A person commits gambling when he ... knowingly owns or possesses any book, instrument or apparatus by means of which bets or wagers have been, or are, recorded or registered." Ill Rev Stats (1967), c 38, § 28-1(a)(5).

In January 1968, police raided a room in Chicago and found the defendant submerging a stack...

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