Gen. No. 67-155.

96 Ill. App.2d 441 (1968)

239 N.E.2d 314

The People of the State of Illinois, Plaintiff-Appellee, v. John Clifford McAndrew, Defendant-Appellant.

Appellate Court of Illinois — Second Judicial District.

July 29, 1968.

Attorney(s) appearing for the Case

Haye and Keegan, of Rockford, for appellant.

Henry S. Dixon, State's Attorney, of Dixon, for appellee.

MR. JUSTICE DAVIS delivered the opinion of the court.

The defendant, John Clifford McAndrew, was charged with unauthorized possession of narcotic drugs, in violation of section 22-3 of the Criminal Code (Ill Rev Stats 1967, c 38, par 22-3). He entered a plea of guilty, was denied probation and was sentenced to a minimum of two years and a maximum of three years in a state penitentiary. He appealed.

[1, 2] While courts have held that refusal to...

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