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PEOPLE v. HORTON

No. 15228.

74 Ill. App.3d 293 (1979)

392 N.E.2d 946

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. EDWARD HORTON, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed July 20, 1979.

Attorney(s) appearing for the Case

C. Joseph Cavanagh, State's Attorney, of Springfield (Marc D. Towler and Jane F. Bularzik, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

John Casey, of Springfield, for appellee.

Judgment affirmed.

Mr. PRESIDING JUSTICE REARDON delivered the opinion of the court:

The defendant, Edward Horton, having been charged with unlawful possession of a controlled substance (Ill. Rev. Stat. 1977, ch. 56 1/2, par. 1402(b)) filed a motion to suppress evidence seized pursuant to the execution of a search warrant. The trial court granted the motion and the State appealed.

• 1 The trial court determined that probable cause for the issuance...

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