PEOPLE EX REL. WARD v. 1963 CADILLAC COUPE

No. 40248.

38 Ill.2d 344 (1967)

231 N.E.2d 445

THE PEOPLE ex rel. Daniel P. Ward, State's Attorney, Appellee, v. 1963 CADILLAC COUPE et al. — (JOSEPH D. PASCUCCI, JR., Appellant.)

Supreme Court of Illinois.

Opinion filed November 30, 1967.


Attorney(s) appearing for the Case

SANFORD KIRSH, of Chicago, (WARREN D. WOLFSON, of counsel,) for appellant.

JOHN J. STAMOS, State's Attorney, of Chicago, (EDWARD J. HLADIS and RONALD BUTLER, Assistant State's Attorneys, of counsel,) for appellee.


Reversed and remanded.

Mr. JUSTICE UNDERWOOD delivered the opinion of the court:

This direct appeal challenges the constitutionality of article 36 of the Criminal Code of 1961 (Ill. Rev. Stat. 1965, chap. 38, pars. 36-1 through 36-4), which provides for seizure and forfeiture of vessels, vehicles and aircraft used in the commission of certain offenses.

On October 18, 1965, following their arrest of Joseph Pascucci on a charge of gambling, Chicago police...

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