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PEOPLE v. TIPTON

No. 51829.

78 Ill.2d 477 (1980)

401 N.E.2d 528

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. BILL TIPTON, Appellee.

Supreme Court of Illinois.

Opinion filed February 22, 1980.

Attorney(s) appearing for the Case

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

John H. Reid, Deputy Defender, and Patricia L. Morris, Assistant Defender, of the Office of the State Appellate Defender, of Mount Vernon, for appellee.

Reversed and remanded.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court:

Steven Jones and defendant, Bill Tipton, were charged by indictment with selling a substance represented to be a controlled substance (Ill. Rev. Stat. 1975, ch. 56 1/2, par. 1404). The white powder that they had sold contained no controlled substance. Jones pleaded guilty and testified on behalf of the State at defendant's trial. A jury returned a verdict of guilty against defendant...

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