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PEOPLE v. CLUTTS

No. 75-430.

43 Ill. App.3d 366 (1976)

356 N.E.2d 1367

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. WILLIAM CLUTTS et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Opinion filed November 15, 1976.

Attorney(s) appearing for the Case

Howard L. Hood, State's Attorney, of Murphysboro (Bruce D. Irish and Myra J. Brown, both of Illinois State's Attorneys Association, and Gary Todd Miller, law student, of counsel), for the People.

R.K. Peek and R.N. Gandy, both of Du Quoin, for appellees.

Judgment affirmed.

Mr. JUSTICE GEORGE J. MORAN delivered the opinion of the court:

The State appeals from a judgment of the circuit court of Jackson County finding the defendants, William Clutts and Willard Biermann, guilty of the delivery of less than 200 grams of a controlled substance in violation of section 401 of the Controlled Substances Act (Ill. Rev. Stat. 1973, ch. 56 1/2, par. 1401).

In the indictment the State sought to charge the defendants...

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