PEOPLE v. ELDERS

No. 77-428.

63 Ill. App.3d 554 (1978)

380 N.E.2d 10

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. MARION S. ELDERS, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed August 15, 1978.


Attorney(s) appearing for the Case

Robert H. Howerton, State's Attorney, of Marion (Bruce D. Irish and Martin N. Ashley, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Michael J. Rosborough and John H. Reid, both of State Appellate Defender's Office, of Mt. Vernon, for appellee.


Affirmed in part and reversed in part.

Mr. JUSTICE KARNS delivered the opinion of the court:

The State appeals from an order of the Circuit Court of Williamson County granting defendant Marion Elders' motion to suppress two firearms seized by county sheriff's deputies. The issue on appeal is whether the trial court's findings of fact and conclusions of law were manifestly erroneous.

The relevant facts may be briefly stated. On the evening of February...

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