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PEOPLE v. LEWIS

No. 79-6.

75 Ill. App.3d 1009 (1979)

394 N.E.2d 90

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DAVID B. LEWIS, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed August 31, 1979.

Attorney(s) appearing for the Case

Donald E. Groshong, of Groshong and Moorman, Ltd., of East Alton, for appellant.

Nicholas G. Byron, State's Attorney, of Edwardsville (Raymond F. Buckley, Jr., and Gillum Ferguson, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE GEORGE J. MORAN delivered the opinion of the court:

Defendant, David B. Lewis, appeals from a judgment of the circuit court of Madison County entered on a jury verdict finding him guilty of unlawful possession of cannabis with intent to deliver.

Defendant contends (1) that the trial court improperly instructed the jury that unlawful possession of cannabis with intent to deliver was a lesser-included offense of unlawful...

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