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PEOPLE v. JAMES

No. 75-483.

44 Ill. App.3d 300 (1976)

358 N.E.2d 88

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. LAWRENCE D. JAMES et al., Defendants-Appellees.

Appellate Court of Illinois — Second District (1st Division).

Opinion filed December 3, 1976.

Attorney(s) appearing for the Case

Gerry L. Dondanville, State's Attorney, of Geneva (Phyllis J. Perko, of Illinois State's Attorneys Association, of counsel), for the People.

Peter Donat, of Batavia, and Robert A. Chapski, of Elgin, for appellees.

Judgment affirmed.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

The State appeals from an order suppressing evidence which was entered at a preliminary hearing of a felony case. (See Ill. Rev. Stat. 1975, ch. 110A, par. 604(a)(1).) It contends that the associate judge who entered the order was without jurisdiction to try the offense and therefore was without power to enter the suppression order. It alternatively contends that based on the evidence...

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