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PEOPLE v. SMITH

No. 60859.

37 Ill. App.3d 1016 (1976)

347 N.E.2d 257

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LEON SMITH, Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Rehearing denied May 5, 1976.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Ira Churgin, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon and Michael E. Shabat, Assistant State's Attorneys, and John J. Verscaj, Law Student, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE BURMAN delivered the opinion of the court:

The defendant, Leon Smith, was charged by complaint with unlawful use of weapons in that he knowingly carried a loaded firearm concealed on or about his person. After a jury trial, defendant was found guilty and sentenced to a term of 364 days in the House of Correction.

On appeal, defendant contends that (1) he was not proven guilty beyond a reasonable doubt; (2) the court...

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