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PEOPLE v. BREEN

No. 47362.

62 Ill.2d 323 (1976)

342 N.E.2d 31

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. WILLIAM (Billie) BREEN, Appellant.

Supreme Court of Illinois.

Opinion filed January 26, 1976.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Robert P. Isaacson, Assistant Public Defender, of counsel), for appellant.

William J. Scott, Attorney General, of Springfield, and Bernard Carey, State's Attorney, of Chicago (James B. Zagel and Jayne A. Carr, Assistant Attorneys General, of Chicago, and Laurence J. Bolon, Michael E. Shabat, and Frances T. Norek, Assistant State's Attorneys, of counsel), for the People.

John Beal, of Chicago, amicus curiae.

Patrick A. Tuite and Allan A. Ackerman, of Chicago, amicus curiae.

Cause remanded.

MR. JUSTICE UNDERWOOD delivered the opinion of the court:

A complaint was filed in the circuit court of Cook County charging defendant, William (Billie) Breen, with theft, in violation of section 16-1(a) of the Criminal Code (Ill. Rev. Stat. 1973, ch. 38, par. 16-1(a)). On January 9, 1974, after a bench trial, he was found guilty and sentenced to a term of 90 days in the House of Correction. The defendant then indicated a willingness to repay...

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