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PEOPLE v. MOSS

No. 77-227.

59 Ill. App.3d 392 (1978)

375 N.E.2d 551

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. MELVIN MOSS, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed April 21, 1978.

Attorney(s) appearing for the Case

Gene Armentrout, State's Attorney, of Geneva (Phyllis J. Perko and Jan Tuckerman, both of Illinois State's Attorneys Association, of counsel), for the People.

No appearance for appellee.

Reversed and remanded.

Mr. JUSTICE GUILD delivered the opinion of the court:

This is an appeal by the State pursuant to the provisions of Supreme Court Rule 604(a)(1) (Ill. Rev. Stat. 1975, ch. 110A, par. 604(a)(1)) from an order quashing a search warrant. The defendant had been charged with possession of less than 30 grams of heroin. Ill. Rev. Stat. 1975, ch. 56 1/2, par. 1402.

The defendant has failed to file an appearance or brief in this court...

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