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THE PEOPLE v. BERRY

No. 41276.

46 Ill.2d 175 (1970)

263 N.E.2d 487

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. HAROLD BERRY, Appellant.

Supreme Court of Illinois.

Opinion filed September 29, 1970.

Attorney(s) appearing for the Case

SAM ADAM and EDWARD M. GENSON, of Chicago, for appellant.

WILLIAM J. SCOTT, Attorney General, of Springfield, and EDWARD V. HANRAHAN, State's Attorney, of Chicago, (JAMES B. ZAGEL, Assistant Attorney General, and ELMER C. KISSANE and ANTHONY M. MONTEMURRO, Assistant State's Attorneys, of counsel,) for the People.

Judgment affirmed.

Mr. JUSTICE CULBERTSON delivered the opinion of the court:

At the conclusion of a bench trial in the circuit court of Cook County, defendant, Harold Berry, was found guilty of the unlawful possession of marijuana and was placed on probation for a period of 5 years, the first 60 days of which were ordered to be served in the county jail. His 1967 conviction rested upon evidence seized from his home under authority of a search warrant issued...

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