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PEOPLE v. McMILLAN

Gen. Nos. 53,145, 53,146.

123 Ill. App.2d 232 (1970)

260 N.E.2d 70

People of the State of Illinois, Plaintiff-Appellee, v. Dennis McMillan and Kenneth Krause, Defendants-Appellants.

Appellate Court of Illinois — First District, Fourth Division.

April 8, 1970.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender of Cook County, of Chicago (Shelvin Singer and James J. Doherty, Assistant Public Defenders, of counsel), for appellants.

Edward V. Hanrahan, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and Robert McGee, Assistant State's Attorneys, of counsel), for appellee.

MR. JUSTICE ENGLISH delivered the opinion of the court.

OFFENSE CHARGED

Armed robbery. Ill Rev Stats 1967, c 38, § 18-2.

JUDGMENT

After a bench trial, both defendants were found guilty as charged, and sentenced to terms of 3 to 9 years.

CONTENTIONS RAISED ON APPEAL

1. Defendant McMillan was prejudiced by the admission of an in-court identification resulting from an unfairly suggestive and prejudicial out-of-court confrontation...

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