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PEOPLE v. MUNOZ

No. 73-102.

23 Ill. App.3d 306 (1974)

319 N.E.2d 98

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. RICARDO MUNOZ, Defendant-Appellee.

Appellate Court of Illinois — Second District.

November 7, 1974.

Attorney(s) appearing for the Case

Gerry L. Dondanville, State's Attorney, of Geneva (Clarence Wittenstrom, Jr., Assistant State's Attorney, of counsel), for the People.

Michael P. Toomin, of Chicago, for appellee.

Bernard Carey, State's Attorney, of Chicago (Patrick T. Driscoll, Jr., and James R. Kavanaugh, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE GUILD delivered the opinion of this court:

Pursuant to Supreme Court Rule 604(a) (Ill. Rev. Stat. 1971, ch. 110A, par. 604(a)), the State appeals from the dismissal of 13 indictments based upon the bar of the statute of limitations. The issue presented herein is whether or not an indictment which shows that the acts alleged to have been committed occurred beyond the general statute of limitations must allege facts which avoid...

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