The People of the State of Illinois, Plaintiff-Appellee, v. Herschel Caruthers, Defendant-Appellant.

(No. 53970;

First District

December 21, 1970.

Gerald W. Getty, Public Defender, of Chicago, (Harold A. Cowen, Assistant Public Defenders, of counsel,) for appellant.

Edward V. Hanrahan, State’s Attorney, of Chicago, for the People.

Opinion delivered by

Mr. JUSTICE SCHWARTZ,