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PEOPLE v. HOOVER

No. 72-271.

12 Ill. App.3d 25 (1973)

297 N.E.2d 400

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. MERLE HOOVER, Defendant-Appellee.

Appellate Court of Illinois — Second District.

June 6, 1973.

Attorney(s) appearing for the Case

John B. Roe, State's Attorney, of Oregon, (Richard L. Caldwell, Assistant State's Attorney, of counsel,) for the People.

Fearer & Nye, of Oregon, for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE GUILD delivered the opinion of the court:

A complaint was filed by the State on July 31, 1972, charging the defendant with the sale and delivery of alcoholic beverages to a person not of age in violation of Ill. Rev. Stat. 1971, ch. 43, sec. 131. Twenty-six days later, August 25, 1972, the State's Attorney moved for a continuance on the grounds of non-availability of his witnesses. The trial court on motion of defendant...

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