PEOPLE v. MALLOY

No. 15776.

83 Ill. App.3d 344 (1980)

403 N.E.2d 1221

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. THOMAS G. MALLOY, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed April 16, 1980.


Attorney(s) appearing for the Case

Paul L. Stone, State's Attorney, of Sullivan, for the People.

Stephen R. Ryan, of Ryan and Cini, Ltd., of Mattoon, for appellee.


Reversed and remanded.

Mr. JUSTICE WEBBER delivered the opinion of the court:

This appeal presents solely a question of statutory construction. The facts are not controverted.

On December 9, 1977, defendant was arrested by an Illinois State police officer for driving while intoxicated. Defendant refused to take the test required by the statute (Ill. Rev. Stat. 1977, ch. 95 1/2, par. 11-501.1) (herein...

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