The People of the State of Illinois, Plaintiff-Appellee, v. Henry Battie, Defendant-Appellant.

(No. 58521;

First District (1st Division)

May 20, 1974.

James J. Doherty, Public Defender, of Chicago (Richard D. Kharas, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State’s Attorney, of Chicago (Patrick T. Driscoll, Jr., and Ellis B. Levin, Assistant State’s Attorneys, of counsel), for the People.

Opinion by

Mr. JUSTICE BURKE.