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PEOPLE v. TIBBITTS

No. 45243.

56 Ill.2d 56 (1973)

305 N.E.2d 152

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. JERRY TIBBITTS, Appellee.

Supreme Court of Illinois.

Opinion filed October 1, 1973.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (James B. Zagel and E. James Gildea, Assistant Attorneys General, of counsel), for the People.

Giffin, Winning, Lindner, Newkirk & Cohen, of Springfield (James M. Winning and Grady E. Holley, of counsel), for appellee.

Thomas E. Brannigan and John S. Meany, both of Chicago, for amicus curiae Beverly Area Planning Association.

Judgment affirmed.

MR. JUSTICE RYAN delivered the opinion of the court:

The defendant, Jerry Tibbitts, was charged with soliciting John Kinnerk to sell his residential property after the defendant had received notice that John Kinnerk did not desire to do so. Following a hearing on the defendant's motion to dismiss the criminal complaint, the circuit court of Cook County held the statute which the defendant was charged with violating, section 70-51(d) of the...

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