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People v. Burleson

Fourth Circuit Appellate Court of Illinois
365 N.E.2d 1162 (1977)


Facts

Burleson (defendant) and Brown entered into an agreement on September 11, 1975 to rob a bank in Illinois. They decided to carry out the bank robbery on September 13. On September 13, they arrived at the scene with their weapons, but decided that there were too many people milling around the bank. They then agreed to attempt the robbery again on September 16. On September 16, the two co-conspirators attempted to enter the bank but failed, and fled from the scene. Burleson was apprehended by police and charged with two counts of conspiracy to commit armed robbery, one for the September 11 agreement and one for the September 13 agreement. He was also charged with attempted armed robbery for his actions on September 16. At trial, Burleson was convicted of both counts of conspiracy and the count of attempt.Burleson appealed his conviction for the count of conspiracy stemming from the September 13 agreement, claiming that it mirrored the September 11 agreement except for the calendar date.

Rule of Law

Issue

Holding and Reasoning (Reardon, J.)

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