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PEOPLE v. LEWIS

No. 52638.

83 Ill.2d 296 (1980)

415 N.E.2d 319

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. DAVID B. LEWIS, Appellee.

Supreme Court of Illinois.

Rehearing denied November 26, 1980.

Attorney(s) appearing for the Case

William J. Scott and Tyrone C. Fahner, Attorneys General, of Springfield, and Nicholas G. Byron, State's Attorney, of Edwardsville (Donald B. Mackay, Melbourne A. Noel, Jr., and Kenneth A. Fedinets, Assistant Attorneys General, of Chicago, and Raymond F. Buckley, Jr., and Gillum Ferguson, of the State's Attorneys Appellate Service Commission, of Mount Vernon, of counsel), for the People.

Donald E. Groshong, of Groshong & Moorman, Ltd., of East Alton, for appellee.

Appellate court reversed; circuit court affirmed.

MR. JUSTICE WARD delivered the opinion of the court:

After a jury trial in the circuit court of Madison County the defendant, David B. Lewis, was found guilty of the unlawful possession of cannabis with intent to deliver it in violation of section 5(e) of the Cannabis Control Act (Ill. Rev. Stat. 1979, ch. 56 1/2, par. 705(e)). Judgment was entered on the verdict, and the defendant was sentenced to three years...

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