PEOPLE v. HOBAN

No. 77-455.

57 Ill. App.3d 25 (1978)

372 N.E.2d 976

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. PETER HOBAN et al., Defendants-Appellees.

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

Opinion filed January 18, 1978.


Attorney(s) appearing for the Case

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

No brief filed for appellees.


Reversed and remanded.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

The three defendants were indicted for perjury. Prior to trial, the trial court heard testimony on defendants' motion to suppress certain evidence and denied that motion. During the subsequent bench trial, the same trial judge granted defendants' motion to suppress the same evidence based on the identical testimony adduced at the pretrial hearing. The State thereupon filed a motion...

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