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PEOPLE v. SCHWARTZ

No. 47900.

64 Ill.2d 275 (1976)

356 N.E.2d 8

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. SPENCER SCHWARTZ, Appellee.

Supreme Court of Illinois.

Opinion filed October 1, 1976.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Bernard Carey, State's Attorney, of Chicago (James B. Zagel and Jayne A. Carr, Assistant Attorneys General, and Laurence J. Bolon and David A. Novoselsky, Assistant State's Attorneys, of counsel), for the People.

Rizzi & Rathsack, of Chicago (Dom J. Rizzi and Michael W. Rathsack, of counsel), for appellee.

Reversed and remanded.

MR. JUSTICE RYAN delivered the opinion of the court:

Defendant, Spencer Schwartz, an attorney, was charged with requesting and partly receiving compensation for placing out a child for adoption in violation of the Adoption Act (Ill. Rev. Stat. 1973, ch. 4, par. 12-5). The circuit court of Cook County granted defendant's motion to dismiss the complaints on the ground that section 12-1 of the Adoption Act is unconstitutional. The circuit...

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