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PEOPLE v. STEWART

No. 77-521.

67 Ill. App.3d 443 (1978)

384 N.E.2d 521

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. WILLIE STEWART et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

Opinion filed December 28, 1978.

Attorney(s) appearing for the Case

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

Robert Agostinelli and G. Joseph Weller, both of State Appellate Defender's Office, of Ottawa, for appellee Wilburn Hoskin.

Richard V. Laukitis, of Hamm & Hanna, Ltd., of Peoria, for appellee Willie Stewart.

Reversed and remanded.

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

The circuit court of Peoria County dismissed charges of unlawful possession of a controlled substance (heroin) against defendants, Wilburn Hoskin and Willie Stewart, when the State refused to obey a prior order to disclose the identity of an informant. The State appeals from that dismissal order.

Based upon information supplied by an informant, police were able...

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