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THE PEOPLE v. McCLELLAN

No. 39661.

34 Ill.2d 572 (1966)

218 N.E.2d 97

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. HENRY McCLELLAN, Appellant.

Supreme Court of Illinois.

Opinion filed May 23, 1966.

Attorney(s) appearing for the Case

GERALD W. GETTY, Public Defender, of Chicago, (FREDERICK F. COHN and JAMES J. DOHERTY, Assistant Public Defenders, of counsel,) appointed by the court, for appellant.

WILLIAM G. CLARK, Attorney General, of Springfield, and DANIEL P. WARD, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney General, and ELMER C. KISSANE and JAMES B. ZAGEL, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE HOUSE delivered the opinion of the court:

Henry McClellan was convicted in a bench trial of unlawful possession of narcotics and sentenced to the penitentiary for a term of 3 to 10 years. The Appellate Court, First District, affirmed the conviction, (64 Ill.App.2d 453,) and we granted leave to appeal.

The record shows that two police officers at about 1:30 A.M. were parked...

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