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eBook details

• Title: People v. Boucher
• Author : Supreme Court of Illinois
• Release Date : January 20, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

On April 26, 1971, Paul Boucher, originally indicted for theft of property over $150 in the circuit court of Cook County, pleaded guilty to the crime of theft of property under $150 (Ill. Rev. Stat. 1969, ch. 38, par. 16-1) and was sentenced to three years probation with a condition that he make restitution of $2800 to a local credit union. On August 29, 1971, defendant's probation was revoked and he was ordered incarcerated for one year in the county jail. The appellate court thereafter granted his motion for release on bond. The order revoking probation was affirmed (People v. Boucher, 10 Ill. App.3d 750), and we granted leave to appeal. The facts herein are not in dispute. In 1970, defendant, who was the city manager of the village of Maywood, Illinois, secured a loan in the amount of $2500 from the Maywood Employees Credit Union and, in consideration thereof, pledged the title of a camper truck. Although the security agreement for this loan transaction stated that said title to this vehicle was unencumbered, there was in fact an outstanding lien of a New York bank in excess of $2000. Defendant was subsequently indicted by the Cook County grand jury for theft of property over $150, in that he knowingly obtained the funds with the intent to deprive the owner of the use and control thereof.

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