PEOPLE v. VARLEY

No. 72-120.

8 Ill. App.3d 657 (1972)

290 N.E.2d 346

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOHN S. VARLEY, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied December 28, 1972.


Attorney(s) appearing for the Case

Peregrine, Stime & Henninger, of Wheaton, for appellant.

William V. Hopf, State's Attorney, of Wheaton, (Malcolm F. Smith, Assistant State's Attorney, of counsel,) for the People.


Judgment reversed.

Mr. JUSTICE ABRAHAMSON delivered the opinion of the court:

Following a bench trial defendant was found guilty of operating a motor vehicle while under the influence of intoxicating liquor and fined $100 and costs. He appeals contending that he was not proven guilty beyond a reasonable doubt and that he did not receive a fair and impartial trial.

On June 28, 1971 at about 8:45 P.M. defendant entered his car in the commuter parking...

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