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PEOPLE v. BAKER

No. 15561.

77 Ill. App.3d 943 (1979)

397 N.E.2d 164

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. MICHAEL BAKER, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed November 9, 1979.

Attorney(s) appearing for the Case

Richard M. Baner, State's Attorney, of Eureka (Marc D. Towler and Gary J. Anderson, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Harrod & Harrod, of Eureka (Samuel G. Harrod and Daniel M. Harrod, of counsel), for appellee.

Judgment affirmed.

Mr. JUSTICE TRAPP delivered the opinion of the court:

The prosecution appeals from the order of the trial court granting defendant's motion to dismiss and discharge the defendant upon his indictment for unlawful possession of a controlled substance (Ill. Rev. Stat. 1975, ch. 56 1/2, par. 1402).

Defendant was arrested on October 5, 1978. As a result of a search incident to arrest, defendant was charged on October 6, 1978, with illegal...

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