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PEOPLE v. AVERY

No. 76-885.

61 Ill. App.3d 327 (1978)

377 N.E.2d 1271

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LUTHER AVERY, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed June 21, 1978.

Attorney(s) appearing for the Case

Sam Adam, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger, Assistant State's Attorney, of counsel), for the People.

Reversed and remanded.

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

The defendant, Luther Avery, was found guilty of the delivery of a controlled substance, heroin (Ill. Rev. Stat. 1973, ch. 56 1/2, par. 1401(a)) following a bench trial. He was sentenced to 8 to 20 years in the Illinois Department of Corrections. On appeal, the defendant contends that he was denied his right to a fair trial and to summon witnesses in his behalf when his...

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