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THE PEOPLE v. HIGGINS

No. 70-189.

1 Ill. App.3d 879 (1971)

275 N.E.2d 478

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ERNEST "NED" HIGGINS, ROOSEVELT GRAVES, and CHARLES MOORE, Appellants.

Appellate Court of Illinois — Fifth District.

November 10, 1971.

Attorney(s) appearing for the Case

Paul Bradley, of Defender Project, of Mount Vernon, for appellants.

Richard E. Richman, State's Attorney, of Jacksonville, (Howard L. Hood, Assistant State's Attorney, of counsel,) for the People.

Judgment reversed.

Mr. JUSTICE JONES delivered the opinion of the court:

The three defendants were convicted in a jury trial of knowingly carrying "concealed in a motor vehicle a .38-calibre Colt snub-nosed revolver" in violation of Ill. Rev. Stat., ch. 38, par. 24-1(a)(4). The .38-calibre revolver introduced in evidence was found at the scene of the defendants' arrest four or five feet away from the automobile. The search was made following defendants' arrest...

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