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PEOPLE v. CHITWOOD

Nos. 12909-10 cons.

36 Ill. App.3d 1017 (1976)

344 N.E.2d 611

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TIMOTHY CHITWOOD et al., Defendants. — (TIMOTHY WARREN CHITWOOD, Defendant-Appellant.) — THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TIMOTHY CHITWOOD et al., Defendants. — (GARY WAYNE TOOLATE, Defendant-Appellant.)

Appellate Court of Illinois — Fourth District.

Opinion filed March 25, 1976.

Attorney(s) appearing for the Case

Richard J. Wilson and John L. Swartz, both of State Appellate Defender's Office, of Springfield, for appellants.

Robert J. Bier, State's Attorney, of Quincy (G. Michael Prall, of Illinois State's Attorneys Association, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE GREEN delivered the opinion of the court:

Defendants Timothy Chitwood and Gary Toolate were indicted by the grand jury of Adams County for burglaries of Lincoln School and Senior High School 1 in Quincy, Illinois, which occurred on the night of January 1, 1974. The State chose to proceed on the Lincoln School burglary, and after a joint trial, a jury found both defendants guilty of that burglary. The counts of the indictment...

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