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THE PEOPLE v. MONTGOMERY

No. 37313.

27 Ill.2d 404 (1963)

189 N.E.2d 327

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff in Error, v. ELLIS MONTGOMERY, Defendant in Error.

Supreme Court of Illinois.

Opinion filed March 25, 1963.

Attorney(s) appearing for the Case

DANIEL P. WARD, State's Attorney, of Chicago, (JOHN T. GALLAGHER and MARVIN E. ASPEN, Assistant State's Attorneys, of counsel,) for plaintiff in error.

Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

The municipal court of Chicago entered an order quashing a search warrant and the State has sued out a writ of error to review this order, as authorized by statute. (Ill. Rev. Stat. 1961, chap. 38, par. 747.) We have jurisdiction, a constitutional question being involved. People v. Watkins, 19 Ill.2d 11.

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