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PEOPLE v. ROTHERMEL

No. 55018.

88 Ill.2d 541 (1982)

431 N.E.2d 378

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. SAMUEL ROTHERMEL, Appellee.

Supreme Court of Illinois.

Opinion filed January 21, 1982.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield, and L. Patrick Power, State's Attorney, of Kankakee (John X. Breslin and Rita F. Kennedy, of the State's Attorneys Appellate Service Commission, of Ottawa, of counsel), for the People.

Robert Agostinelli, Deputy Defender, and G. Joseph Weller, Assistant Defender, of the Office of the State Appellate Defender, of Ottawa, for appellee.

Appellate court reversed; circuit court affirmed.

JUSTICE CLARK delivered the opinion of the court:

On April 7, 1980, Samuel Rothermel was indicted by a Kankakee County grand jury. The bill of indictment charged that the defendant on March 23, 1980, "committed the offense of Burglary in that said defendant did knowingly without authority enter into the residence building of Barbara Goldsberry and Loretta Isaacs, with the intent to commit therein a theft, in...

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