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PEOPLE v. MARCHBANKS

No. 2-83-0373.

125 Ill. App.3d 796 (1984)

466 N.E.2d 668

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. GARY MARCHBANKS, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed July 19, 1984.

Attorney(s) appearing for the Case

Fred L. Foreman, State's Attorney, of Waukegan (Michael J. Fusz, Assistant State's Attorney, and Phyllis J. Perko and Cynthia N. Schneider, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Thomas J. Organ, of Cisco & Organ, of Chicago, for appellee.

Reversed and remanded.

JUSTICE NASH delivered the opinion of the court:

The State appeals from an order dismissing an information which charged defendant, Gary Marchbanks, with the offenses of burglary (Ill. Rev. Stat. 1981, ch. 38, par. 19-1(a)) and possession of burglary tools (Ill. Rev. Stat. 1981, ch. 38, par. 19-2(a)).

We consider in this case whether the failure of the State to disclose to defendant that a principal prosecution witness had been...

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