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PEOPLE v. OVERSTREET

No. 14508.

64 Ill. App.3d 287 (1978)

381 N.E.2d 305

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. THOMAS B. OVERSTREET, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Rehearing denied October 27, 1978.

Attorney(s) appearing for the Case

James R. Benson, State's Attorney, of Paxton (Robert C. Perry, of State's Attorneys Appellate Service Commission, of counsel), for the People.

Richard J. Wilson and David Bergschneider, both of State Appellate Defender's Office, of Springfield, for appellee.

Reversed and remanded.

Mr. JUSTICE MILLS delivered the opinion of the court:

Can the State file a criminal information, lose at the preliminary hearing, and then refile the same information and proceed to another preliminary hearing?

Yes — absent harassment.

Overstreet was charged by information with possession of between 30 and 500 grams of cannabis. At a November 11, 1976, preliminary hearing the State failed to present evidence as...

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