PEOPLE v. McNAMARA

No. 61450.

33 Ill. App.3d 216 (1975)

338 N.E.2d 202

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. MICHAEL PATRICK McNAMARA, Defendant-Appellee.

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

October 24, 1975.


Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon, Marcia B. Orr, and Michael T. Reid, Assistant State's Attorneys, of counsel), for the People.

Bennett A. Kahn, of Chicago, for appellee.


Reversed and remanded.

Mr. JUSTICE DRUCKER delivered the opinion of the court:

Defendant was charged with possession of heroin in violation of section 402 of the Controlled Substances Act (Ill. Rev. Stat. 1973, ch. 56 1/2, par. 1402). At a preliminary hearing defense counsel moved to suppress the evidence claiming that it was the product of an illegal search. The motion was sustained, and the State brings this appeal under Supreme Court Rule 604(a) (Ill. Rev...

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