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PEOPLE v. MAHNKE

No. 11374.

2 Ill. App.3d 668 (1971)

276 N.E.2d 414

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DANIEL E. MAHNKE, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

December 9, 1971.

Attorney(s) appearing for the Case

Burger, Geisler & Fombelle, of Decatur, (Asher O. Geisler, of counsel,) for appellant.

Basil G. Greanias, State's Attorney, of Decatur, for the People.

Judgment reversed.

Mr. JUSTICE SIMKINS delivered the opinion of the court:

The defendant was convicted in a jury trial in the circuit court of Macon County for the unlawful sale of marijuana. At the time of the offense and the conviction marijuana was classified as a narcotic drug under the provisions of Ill. Rev. Stat. 1969, par. 22-3, et seq. of ch. 38. Upon conviction the defendant was sentenced for a term of not less than 10 nor more than 12 years...

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