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PEOPLE v. FARRELL

No. 58583.

20 Ill. App.3d 786 (1974)

314 N.E.2d 538

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. CHARLES FARRELL, Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

June 17, 1974.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (James B. Zagel, Charles H. Levad, and Melbourne A. Noel, Jr., Assistant Attorneys General, of counsel), for the People.

Foss, Schuman & Drake, of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE GOLDBERG delivered the opinion of the court:

Charles Farrell (defendant) was charged with illegal transportation of untaxed cigarettes under the Illinois Cigarette Tax Act. (Ill. Rev. Stat. 1971, ch. 120, par. 453.9c.) The trial court sustained his motion to suppress the physical evidence which consisted of some 220 packages of untaxed cigarettes which he was transporting in Illinois in his automobile. The State has appealed...

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