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PEOPLE v. LOWELL

No. 78-401.

75 Ill. App.3d 1007 (1979)

394 N.E.2d 83

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JAMES A. LOWELL, a/k/a James A. Lindner, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed August 30, 1979.

Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Phyllis J. Perko, of State's Attorneys Appellate Service Commission, of counsel), for the People.

Thomas A. Briscoe and Michael R. Fournier, both of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE RECHENMACHER delivered the opinion of the court:

The issue presented in this case is whether the State is free to proceed on a criminal complaint where it has filed a subsequent information based upon the same conduct, charging the same offense, and the information has been dismissed on the defendant's motion.

The procedural background of this case, which gives rise...

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