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PEOPLE v. PARK

No. 49728.

72 Ill.2d 203 (1978)

380 N.E.2d 795

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. PEPPE PARK, Appellee.

Supreme Court of Illinois.

Modified on denial of rehearing September 29, 1978.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Allen W. Large and William P. Strange, State's Attorneys, of Lawrenceville (Donald B. Mackay, Melbourne A. Noel, Jr., Assistant Attorneys General, and Bruce D. Irish and Keith P. Vanden Dooren, of the Illinois State's Attorneys Association Prosecutors' Appellate Service, of Mt. Vernon, of counsel), for the People.

Michael J. Rosborough, Deputy Defender, and John H. Reid, Assistant Defender, of the Office of the State Appellate Defender, of Mt. Vernon, for appellee.

Judgment affirmed.

MR. JUSTICE CLARK delivered the opinion of the court:

The defendant, Peppe K. Park, was convicted of one count of possession of "more than 2.5 grams but not more than 10 grams of any substance containing cannabis," a Class B misdemeanor (Ill. Rev. Stat. 1973, ch. 56 1/2, par. 704(b)). The Appellate Court, Fifth District, reversed because it found that the State had failed to "prove beyond a reasonable...

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