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PEOPLE v. VAN DE ROSTYNE

No. 47411.

63 Ill.2d 364 (1976)

349 N.E.2d 16

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. FRANK J. VAN DE ROSTYNE, Appellant.

Supreme Court of Illinois.

Rehearing denied September 30, 1976.

Attorney(s) appearing for the Case

A.J. Marco, of Marco and Mannina, of Downers Grove, for appellant.

William J. Scott, Attorney General, of Springfield (James B. Zagel, Jayne A. Carr, and Stuart W. Opdycke, Assistant Attorneys General, of Chicago, of counsel), for the People.

Affirmed and remanded.

MR. JUSTICE SCHAEFER delivered the opinion of the court:

The issue in this case concerns the right of the State to appeal in a criminal case. The defendant, Frank J. Van De Rostyne, was charged with driving while intoxicated. He pleaded not guilty and demanded a jury trial. After the jury had been impaneled, he filed a "Motion To Suppress" the results of a breathalyzer test on the ground that improper procedures had been used in administering...

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