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PEOPLE v. MUDD

No. 76-538.

370 N.E.2d 37 (1977)

54 Ill. App.3d 603

12 Ill.Dec. 414

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James MUDD, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

November 2, 1977.

Attorney(s) appearing for the Case

Illinois Public Defender Ass'n, Frederick F. Cohn, Chicago, of counsel, for defendant-appellant.

Bernard Carey, State's Atty., Neil H. Cohen, Asst. State's Atty., of counsel, for plaintiff-appellee.

JIGANTI, Justice.

This is an appeal by the defendant from an order of the trial court directing the confiscation and destruction of his gun which was seized at the time of his arrest.

The defendant, charged with illegal use of a weapon under Ill.Rev.Stat.1975, ch. 38, par. 24-1(a)(10), was tried and found not guilty by a jury. After his acquittal, the judge denied a motion for the return of his gun and instead ordered the gun confiscated and destroyed. A subsequent...

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