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PEOPLE v. McCULLUM

No. 73-118.

33 Ill. App.3d 451 (1975)

338 N.E.2d 248

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. HELEN McCULLUM, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Modified upon denial of rehearing December 15, 1975.

Attorney(s) appearing for the Case

Ackerman, Durkin & Egan, of Chicago (Alan Ackerman, of counsel), for appellant.

Martin Rudman, State's Attorney, of Joliet (Ira Goldstein, Assistant State's Attorney, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE STENGEL delivered the opinion of the Court:

Following a bench trial, defendant was convicted of possession of over 30 grams of heroin in violation of section 402 of the Illinois Controlled Substances Act (Ill. Rev. Stat., ch. 56 1/2, § 1402) and sentenced for a term of 3 to 6 years in the penitentiary. Defendant appeals from the conviction.

Defendant was arrested on August 3, 1972, when law enforcement officers...

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