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People v. Hayn

NOVEMBER 4, 1969.

THE PEOPLE OF THE STATE OF ILLINOIS, APPELLEE,

v.

JOHN C. HAYN, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Tazewell County, Tenth Judicial Circuit; the Hon. IVAN L. YONTZ, Judge, presiding. Reversed. RYAN, J.

A jury found the defendant guilty of the offense of theft and the court sentenced him to the Illinois State Penitentiary for not less than four nor more than eight years. This appeal has followed.

The indictment charging the defendant with theft is in the following language:

"That on the 4th day of November, 1967, in said County of Tazewell, at 184 Sapp Street, in the City of Pekin, Illinois, JOHN C. HAYN committed the offense of theft in that he knowingly obtained control over six (6) American Express Company money orders, having a value exceeding One Hundred Fifty Dollars ($150.00), the property of WESLEY ANDERSON, knowing that the said six (6) American Express money orders had been stolen from WESLEY ANDERSON by another in such manner as to deprive WESLEY ANDERSON permanently of the use and benefit of said property, in violation of Paragraph 16-1(d), Chapter 38, Illinois Revised Statutes."

The defendant moved to dismiss the indictment. The trial court denied the motion. A jury trial followed with the above indicated result.

Chapter 38, § 16-1, Ill Rev Stats 1967, insofar as it is pertinent here provides as follows:

"Theft. A person commits theft when he knowingly:

"(a) Obtains or exerts unauthorized control over property of the owner; or

"(b) Obtains by deception control over property of the owner; or

"(c) Obtains by threat control over property of the owner; or

"(d) Obtains control over stolen property knowing the property to have been stolen by another or under such circumstances as would reasonably induce him to believe that the property was stolen, and

"(1) Intends to deprive the owner permanently of the use or benefit of the property; or

"(2) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or

"(3) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner ...


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