PEOPLE v. TRIPP

No. 73-27.

26 Ill. App.3d 73 (1975)

324 N.E.2d 459

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DAVID TRIPP, Defendant-Appellee.

Appellate Court of Illinois — Second District.

March 6, 1975.


Attorney(s) appearing for the Case

John J. Bowman, State's Attorney, of Wheaton (Ralph J. Gust and Malcolm F. Smith, Assistant State's Attorneys, of counsel), for the People.

No appearance for appellee.


Judgment reversed.

Mr. PRESIDING JUSTICE THOMAS J. MORAN delivered the opinion of the court:

Defendant was charged in a two-count indictment with possession of marijuana (Ill. Rev. Stat. 1971, ch. 56 1/2, § 704(d)) and with possession of a controlled substance (Ill. Rev. Stat. 1971, ch. 56 1/2, § 1402(a)(8)). The trial court granted defendant's motion to quash a search warrant and to suppress evidence seized thereunder. The State appeals.

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