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PEOPLE v. DODSWORTH

No. 14440.

60 Ill. App.3d 207 (1978)

376 N.E.2d 449

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. KELLY B. DODSWORTH, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed May 19, 1978.

Attorney(s) appearing for the Case

J. Edward Flynn, of Flynn & Flynn, of Jacksonville, for appellant.

Edwin R. Parkinson, State's Attorney, of Jacksonville (Robert C. Perry, of Illinois State's Attorneys Association, of counsel), for the People.

Reversed and remanded.

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

This appeal concerns the problems involved in a prosecution for unlawful possession of a controlled substance when the defendant is prevented from obtaining an independent testing of the substance alleged to be contraband because the State has destroyed the substance in the testing it has done.

Defendant, Kelly B. Dodsworth, was convicted after trial by jury in the...

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