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PEOPLE v. SMITHERS

No. 78-311.

75 Ill. App.3d 883 (1979)

394 N.E.2d 792

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. LOUIS SMITHERS, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed August 31, 1979.

Attorney(s) appearing for the Case

Michael M. Mihm, State's Attorney, of Peoria (John X. Breslin and Rita F. Kennedy, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Ronald L. Hamm, of Hamm & Hanna, Ltd., of Peoria, for appellee.

Judgment affirmed.

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

The basis for this appeal is the trial court's granting of the motion of the defendant, Louis Smithers, to suppress as evidence a revolver seized from the person of the defendant. At the hearing on the motion to suppress the defendant testified that at approximately 3:30 a.m. on February 10, 1978, after finishing work as a security guard, he drove to the area of the Spanish...

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