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People v. Banks

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eBook details

  • Title: People v. Banks
  • Author : Supreme Court of Illinois
  • Release Date : January 26, 1979
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

The St. Clair County grand jury, in September 1975, charged the defendant, Albert Banks, and his wife, Debra Banks, with aggravated battery, and with robbery in that they did take property, being two (2) rings from the person or presence of Zilphia Lauderdale, by the use of force on August 11, 1975. Later the court granted a motion for severance. Well over two years after the indictment, the defendant's motion to dismiss the count of robbery was granted by the circuit court for failure to state the offense of Robbery in that Count I of the indictment fails to allege the necessary element of intent to permanently deprive the victim of the use or benefit of the property pursuant to People v. White (1977), 67 Ill.2d 107. Although the court gave the State leave to amend, the State refused and appealed (58 Ill.2d R. 604(a)(1)). We allowed direct appeal to this court (58 Ill.2d R. 302(b)).


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