Gen. No. 68-124.

108 Ill. App.2d 142 (1969)

246 N.E.2d 457

People of the State of Illinois, Plaintiff-Appellant, v. Ralph Erickson, Defendant-Appellee.

Appellate Court of Illinois — Second District.

April 3, 1969.

Attorney(s) appearing for the Case

William V. Hopf, State's Attorney of Du Page County, of Wheaton, and J. Michael Fitzsimmons, Jr., Assistant State's Attorney, for appellant.

Anthony F. Mannina, Marco and Mannina, of Downers Grove, for appellee.

PRESIDING JUSTICE MORAN delivered the opinion of the court.

The State brings this appeal claiming that the magistrate's order of April 16, 1968, quashing the complaint and his order of June 18, 1968, refusing to vacate such order, was in error.

The defendant, Ralph Erickson, was charged with driving a vehicle while under the influence of intoxicating liquor in violation of section 47 of the Uniform Act Regulating Traffic on Highways (Ill Rev Stats 1967, c...

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