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PEOPLE v. TATE

No. 76-420.

47 Ill. App.3d 33 (1977)

361 N.E.2d 748

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JAMES S. TATE, Defendant-Appellee.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed March 15, 1977.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon, Iris E. Sholder, and William F. Ward, Jr., Assistant State's Attorneys, of counsel), for the People.

Howard D. Geter, Jr., of Chicago, for appellee.

Order reversed.

Mr. PRESIDING JUSTICE DOWNING delivered the opinion of the court:

The State appeals the trial court's dismissal of an indictment on the theory that a preliminary hearing had in fact placed defendant, James Tate, in jeopardy, therefore barring further prosecution. Defendant was charged in a sworn complaint with the offense of gambling (Ill. Rev. Stat. 1973, ch. 38, par. 28-1(a)(8)) on October 29...

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