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PEOPLE v. RUBERG

No. 78-404.

76 Ill. App.3d 671 (1979)

395 N.E.2d 205

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

Appellate Court of Illinois — Third District.

Opinion filed September 28, 1979.

Attorney(s) appearing for the Case

Stephen Landuyt, State's Attorney, of Oquawka (John X. Breslin, of State's Attorney's Appellate Service Commission, of counsel), for the People.

Greg McClintock, of Kritzer, Stansell, Critser & Whitman, of Monmouth, for appellee.

Reversed and remanded.

Mr. JUSTICE STENGEL delivered the opinion of the court:

The State here appeals from an order of the Circuit Court of Henderson County dismissing a complaint for failure to allege defendant's mental state in charging unlawful entry into a motor vehicle in violation of section 4-102(b) of the Illinois Vehicle Code (Ill. Rev. Stat. 1975, ch. 95 1/2, par. 4-102(b)). The sole issue on appeal is whether mental state is a required element of...

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