#### The People of the State of Illinois, Plaintiff-Appellee, v. Joseph L. Montgomery, Defendant-Appellant.

(No. 55982;

First District (5th Division)

January 12,1973.

Rehearing denied March 12,1973.

*897James J. Doherty, Public Defender, of Chicago, (Shelvin Singer, Assistant Public Defender, of counsel,) for appellant.

Edward V. Hanrahan, State’s Attorney, of Chicago, (Elmer C. Kissane and Terrence McQuigg, Assistant State’s Attorneys, of counsel,) for the People.

PER CURIAM.