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PEOPLE v. DUNN

No. 13265.

38 Ill. App.3d 251 (1976)

347 N.E.2d 438

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. PAUL W. DUNN, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Rehearing denied June 10, 1976.

Attorney(s) appearing for the Case

Basil G. Greanias, State's Attorney, of Decatur (Jerry Finney, Assistant State's Attorney, of counsel), for the People.

Marshall A. Susler, of Owen, Roberts, Susler & Taylor, of Decatur, for appellee.

Reversed and remanded.

Mr. JUSTICE SIMKINS delivered the opinion of the court:

Defendant was indicted on November 6, 1974, for unlawful delivery and unlawful possession of a controlled substance. The offenses were allegedly committed on February 7, 1974. Defendant moved to dismiss the indictment on the ground that he was denied due process as a result of the 9-month delay between the time of the offense and the return of the indictment. A hearing was held...

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