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PEOPLE v. LERCH

No. 39355M.

34 Ill.2d 305 (1966)

215 N.E.2d 257

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. HOWARD H. LERCH, Appellee.

Supreme Court of Illinois.

Opinion filed March 24, 1966.

Attorney(s) appearing for the Case

WILLIAM G. CLARK, Attorney General, of Springfield, and WILLIAM R. NASH, State's Attorney, of Rockford, (FRED G. LEACH, Assistant Attorney General, and ALFRED W. COWAN, JR., Assistant State's Attorney, of counsel,) for the People.

BERRY & SIMMONS, of Rockford, (BERNARD F. HEALY, JR., of counsel,) for appellee.

No. 39355M. Caused transferred.

Mr. CHIEF JUSTICE KLINGBIEL delivered the opinion of the court:

This cause is here on a direct appeal by the State from an order of a magistrate of the circuit court of Winnebago County granting a motion to suppress certain evidence. Although neither party has questioned our jurisdiction to entertain the appeal, we are obliged to do so, for the consent of the parties cannot give us...

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