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THE PEOPLE v. EMERT

Nos. 70-245, 70-246 cons.

1 Ill. App.3d 993 (1971)

274 N.E.2d 364

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JUAN E. EMERT, et al., Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied October 28, 1971.

Attorney(s) appearing for the Case

Morton Zwick, Director of Defender Project, of Chicago, (E. Roger Horsky, of Defender Project, of Elgin, of counsel,) for appellant.

John B. Roe, State's Attorney, of Oregon, (Alan Cargerman, Assistant State's Attorney, of counsel,) for the People.

Remanded with directions.

Mr. PRESIDING JUSTICE THOMAS J. MORAN delivered the opinion of the court:

Defendants were convicted of armed robbery of an A & P store in Rochelle, Illinois. Their cases were transferred to this court by the Supreme Court and have been consolidated for the purpose of appeal.

Both defendants contend that the trial court erred in (1) refusing to grant their hearing on defense counsel's motion, made during trial, to quash...

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