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People v. Smith

DECEMBER 22, 1967.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

GENE SMITH, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. EDWIN C. HATFIELD, Judge, presiding. Affirmed.

MR. PRESIDING JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

OFFENSE CHARGED

Theft. *fn1

JUDGMENT

After a bench trial, defendant was found guilty and sentenced to one year in the House of Correction.

POINTS RAISED ON APPEAL

(1) Venue was not properly alleged in the complaint.

(2) The complaint is otherwise fatally defective.

(3) Defendant was not proved guilty beyond a reasonable doubt.

COMPLAINT COMMENCING PROSECUTION

JOSEPH J. McDONOUGH, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

MISDEMEANOR ------------------------------------------------------- STATE OF ILLINOIS | THE CIRCUIT > SS COURT OF COUNTY OF COOK | COOK COUNTY

The People of the State of Illinois Plaintiff COMPLAINT No. ____ v. Gene Smith Defendant

GLADYS ROWLAND, complainant, now appears before The Circuit Court of Cook County and in the name and by the authority of the People of the State of Illinois states that GENE SMITH has, on or about 31 January 1967 at 6012 So. Parkway committed the offense of theft in that he knowingly obtained or exerted unauthorized control over property, to wit: (Sheets & Draperies) of the value of $150.00 or less, the property of Gladys Rowland, with the intent to deprive said victim permanently of the use and benefit of said property, in ...


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