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PEOPLE v. HUTH

No. 60209.

45 Ill. App.3d 910 (1977)

360 N.E.2d 408

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. KENNETH M. HUTH, Defendant-Appellant.

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

Opinion filed January 25, 1977.

Attorney(s) appearing for the Case

Harvey H. Livingston, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon and Paul Benjamin Linton, Assistant State's Attorneys, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE STAMOS delivered the opinion of the court:

Defendant, Kenneth M. Huth, was charged by indictment with the offense of possession of more than 30 but less than 500 grams of Cannabis sativa in violation of section 4 of the Cannabis Control Act (Ill. Rev. Stat. 1971, ch. 56 1/2, par. 704(d)). Upon a bench trial he was found to be guilty and was sentenced to serve a term of confinement of 1 to 3 years in the Illinois State Penitentiary...

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