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PEOPLE v. MOOAR

Nos. 79-679, 79-680 cons.

92 Ill. App.3d 852 (1981)

416 N.E.2d 81

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. STEVEN MOOAR, Defendant-Appellee. — THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. STEVEN MACHALINSKI, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed January 21, 1981.

Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Robert L. Thompson, Assistant State's Attorney, of counsel), for the People.

Mary Robinson and Elizabeth Clarke, both of State Appellate Defender's Office, of Elgin, for appellee.

Reversed and remanded.

Mr. JUSTICE LINDBERG delivered the opinion of the court:

The State appeals from an order of the Circuit Court of Du Page County, dismissing informations filed against defendant, Steven Mooar, for battery (Ill. Rev. Stat. 1977, ch. 38, par. 12-3(a)(1)) against both defendant Mooar and defendant Steven Machalinski for criminal damage to property (Ill. Rev. Stat. 1977, ch. 38, par. 21-1(a)).

The defendants were originally charged...

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