Judgment affirmed and cause remanded.
Mr. JUSTICE THOMAS J. MORAN delivered the opinion of the court:
Defendant, indicted for the sale and possession of marijuana, was released on bond. He failed to appear for trial on August 3, 1971, his bond was forfeited and a capias for his arrest was issued. On October 15, 1971, the statute under which he was indicted was declared unconstitutional. (People v. McCabe,
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