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PEOPLE v. McDAVID

Nos. 55601, 55674 cons.

3 Ill. App.3d 169 (1971)

278 N.E.2d 182

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. HOWARD McDAVID, Defendant-Appellant.

Appellate Court of Illinois — First District.

December 16, 1971.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender, of Chicago, (Suzanne M. Kohut and James J. Doherty, Assistant Public Defenders, of counsel,) for appellants.

Edward V. Hanrahan, State's Attorney, of Chicago, (Robert A. Novelle and Edward B. Mueller, Assistant State's Attorneys, of counsel,) for the People.

Judgment affirmed.

Mr. JUSTICE McGLOON delivered the opinion of the court:

The defendant was found guilty of arson at a jury trial. He was convicted and sentenced to a term of six to 18 years in the penitentiary. The issue on which the defendant bases this appeal is that the indictment under which he was convicted omitted necessary statutory elements of the captioned offense and was, therefore, a void indictment rendering his conviction reversible error.<...

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