PEOPLE v. BOUCHER

No. 76-353.

62 Ill. App.3d 436 (1978)

379 N.E.2d 339

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES BOUCHER, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed July 27, 1978.


Attorney(s) appearing for the Case

Robert E. Senechalle, Jr., of Belmonte, Kagan & Hibler, and Plunkett, Nisen, Elliott & Meier, both of Chicago, for appellant.

Michael M. Mihm, State's Attorney, of Peoria (James E. Hinterlong, of State's Attorneys Appellate Service Commission, of counsel), for the People.


Reversed and remanded.

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

The Peoria County grand jury charged defendant James Boucher with delivery of more than 30 grams of lysergic acid diethlamide (LSD) in violation of section 401(a)(8) of the Controlled Substances Act. (Ill. Rev. Stat. 1975, ch. 56 1/2, par. 1401(a)(8).) Defendant's first trial ended as a mistrial when the jury was unable to reach a verdict. In a second jury trial defendant...

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