PEOPLE v. AVERY

No. 48316.

67 Ill.2d 182 (1977)

367 N.E.2d 79

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. BRUCE FRANKLIN AVERY, Appellee.

Supreme Court of Illinois.

Opinion filed August 23, 1977.


Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Philip G. Reinhard, State's Attorney, of Rockford (James B. Zagel, Jayne A. Carr, and Thomas Connors, Assistant Attorneys General, of Chicago, of counsel), for the People.

Gerald W. LaFayette, of Rockford, for appellee.


Judgment affirmed.

MR. JUSTICE MORAN delivered the opinion of the court:

In the circuit court of Winnebago County, the defendant, Bruce F. Avery, was charged by way of complaint with a violation of section 406(a)(1) of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1973, ch. 56 1/2, par. 1406(a)(1)), in that, on March 12, 1974, he knowingly and not in good faith dispensed a controlled substance, diethylpropion, to Edward J. Doyle, by issuing a prescription...

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