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PEOPLE v. MELSON

No. 76-537.

49 Ill. App.3d 50 (1977)

363 N.E.2d 888

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant. v. DAVE MELSON, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed May 20, 1977.

Attorney(s) appearing for the Case

Nicholas G. Byron, State's Attorney, of Edwardsville (Bruce D. Irish and James R. Sanders, both of Illinois State's Attorneys Association, of counsel), for the People.

Thomas A. Hill, of Mateyka and Hill, of Granite City, for appellee.

Reversed and remanded.

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

The State appeals from an order of the Circuit Court of Madison County dismissing an indictment returned against Dave Melson charging him with the unlawful delivery of a controlled substance, PCP. The trial court ruled that the grand jury could not have found probable cause if they had been properly instructed on the law. The flaw in the indictment, according to the trial...

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