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THE PEOPLE v. McCABE

No. 42674.

49 Ill.2d 338 (1971)

275 N.E.2d 407

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. THOMAS McCABE, Appellant.

Supreme Court of Illinois.

Rehearing denied November 24, 1971.

Attorney(s) appearing for the Case

THOMAS P. SULLIVAN, and DOUGLAS C. NOHLGREN, both of Chicago, (JENNER & BLOCK, of counsel,) for appellant.

WILLIAM J. SCOTT, Attorney General, of Springfield, and JOEL M. FLAUM, JAMES B. ZAGEL and WARREN K. SMOOT, Assistant Attorneys General, of Chicago, (WILLIAM R. KETCHAM, of counsel,) for the People.

Judgment reversed.

PER CURIAM:

Following a jury trial in the circuit court of Kane County the defendant, Thomas McCabe, was found guilty of the unlawful sale of marijuana in violation of the Criminal Code of Illinois. (Ill. Rev. Stat. 1969, ch. 38, par. 22-3.) Pursuant to the provisions for mandatory minimum penalties for the unlawful sale of a narcotic drug (Ill. Rev. Stat. 1969, ch. 38, par. 22-40) the defendant...

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