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PEOPLE v. McGARRY

No. 56044.

10 Ill. App.3d 570 (1973)

294 N.E.2d 718

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ATCHWOOD McGARRY, a/k/a ATCHWOOD McGARY, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

February 23, 1973.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago, (James N. Gramenos, Assistant Public Defender, of counsel,) for appellant.

Edward V. Hanrahan, State's Attorney, of Chicago, (Elmer C. Kissane and Peter F. Costa, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

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

The defendant Atchwood McGarry was indicted for the unlawful possession of a narcotic drug, heroin. (Ill. Rev. Stat. 1969, ch. 38, par. 22-3.) He filed a pretrial motion to suppress physical evidence which was denied after a hearing. After a bench trial he was found guilty and sentenced to a term of two to four years.

On appeal defendant contends: (1) that the...

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