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THE PEOPLE v. MUNZIATO

No. 36437.

24 Ill.2d 432 (1962)

182 N.E.2d 199

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff in Error, v. CARMINE MUNZIATO, Defendant in Error.

Supreme Court of Illinois.

Rehearing denied May 23, 1962.

Attorney(s) appearing for the Case

WILLIAM G. CLARK, Attorney General, of Springfield, and DANIEL P. WARD, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney General, and JOHN T. GALLAGHER and JAMES R. THOMPSON, Assistant State's Attorneys, of counsel,) for the People.

JOSEPH I. BULGER and G.J. DEVANNA, both of Chicago, for defendant in error.

Reversed and remanded.

Mr. JUSTICE HOUSE delivered the opinion of the court:

Carmine Munziato was indicted by a grand jury in the criminal court of Cook County for operating, on the Tri-State Tollway, a truck which was allegedly 22,000 pounds over the prescribed statutory maximum weight. Defendant moved the court to quash the indictment on the ground that it failed to state a crime and that sections 131, 132, 132...

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