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PEOPLE v. MAYBERRY

No. 47495, 47640 cons.

63 Ill.2d 1 (1976)

345 N.E.2d 97

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. RICKY MAYBERRY, Appellee. — THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. MICHAEL HURLEY, Appellee.

Supreme Court of Illinois.

Opinion filed March 18, 1976.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Robert H. Rice, State's Attorney, of Belleville (Tracy W. Resch, Assistant Attorney General, of Springfield, of counsel), for the People.

Stephen P. Hurley, Deputy Defender, of Mt. Vernon (David M. Rothenberg, of counsel), for appellee.

William J. Scott, Attorney General, of Springfield, and C. Joseph Cavanagh, State's Attorney, of Springfield (Tracy W. Resch, Assistant Attorney General, of Springfield, of counsel), for the People.

Michael J. Costello, of Springfield, for appellee.

Reversed and remanded.

MR. JUSTICE CREBS delivered the opinion of the court:

These are appeals from orders of the circuit courts of Sangamon County and of St. Clair County dismissing indictments against the defendants. Since the issues presented by the cases are virtually identical, the two cases have been consolidated for appeal.

The defendant Michael Hurley was charged in a two-count indictment with two violations...

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