PEOPLE v. SMITH

No. 78-787.

69 Ill. App.3d 752 (1979)

387 N.E.2d 1084

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. HAL C. SMITH, Defendant-Appellee.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed March 27, 1979.


Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger and Rimas F. Cernius, Assistant State's Attorneys, of counsel), for the People.

Reilley, Bell & Weinberg, of Chicago, for appellee.


Reversed and remanded.

Mr. JUSTICE HARTMAN delivered the opinion of the court:

The State appeals from an order of the trial court sustaining the motion of defendant, Hal Smith, to quash a search warrant and suppress the evidence seized under its authority. (Ill. Rev. Stat. 1977, ch. 110A, par. 604(a)(1).) The issue on appeal is whether the complaint for the search warrant alleges facts sufficient to justify a finding of probable cause for the issuance of that...

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