PEOPLE v. COOK

No. 52292.

81 Ill.2d 176 (1980)

407 N.E.2d 56

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. RICHARD COOK, Appellant.

Supreme Court of Illinois.

Opinion filed June 30, 1980.


Attorney(s) appearing for the Case

Robert Agostinelli, Deputy Defender, and Charles Hoffman, Assistant Defender, of the Office of the State Appellate Defender, of Ottawa, for appellant.

William J. Scott, Attorney General, of Springfield (Donald B. Mackay, Melbourne A. Noel, Jr., and David Cassorla, Assistant Attorneys General, of Chicago, of counsel), for the People.

William T. Barker and Alan M. Posner, of Sonnenschein, Carlin, Nath & Rosenthal, of Chicago, for amicus curiae Chicago Lawyers' Committee for Civil Rights Under Law, Inc.

Robert W. Johnson, Sr., James P. Manak, and Bernard Carey, State's Attorney, of Cook County, of Chicago (Marcia B. Orr, and Rimas F. Cernius, Assistant State's Attorneys, of counsel), for amicus curiae National District Attorneys Association.

Steven Lubet, of the Northwestern University Legal Clinic, and David Goldberger, of the Roger Baldwin Foundation, of Chicago, for amicus curiae American Civil Liberties Union.


Order reversed.

MR. JUSTICE WARD delivered the opinion of the court:

On December 7, 1978, a complaint was filed in the circuit court of Warren County charging Richard Cook, the defendant, with the unlawful possession of cannabis in violation of the Cannabis Control Act (Ill. Rev. Stat. 1977, ch. 56 1/2, par. 704(c)). Bail was set at $1,000 and the defendant posted the required 10% with the clerk of the court to secure...

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