The People of the State of Illinois, Plaintiff-Appellee, v. Earl Hamilton, Defendant-Appellant.

(No. 12293;

Fourth District

November 6, 1974.

Opinion modified upon denial of rehearing December 18, 1974.

*420John F. McNichols, and John L. Swartz, both of State Appellate Defender’s Office, of Springfield, for appellant.

C. Joseph Cavanagh, State’s Attorney, of Springfield (James W. Jerz and Martin P. Moltz, both of Model District State’s Attorneys Office, of counsel), for the People.

Opinion by

Mr. JUSTICE CLARK.