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PEOPLE v. DAVIS

No. 53097.

82 Ill.2d 534 (1980)

413 N.E.2d 413

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. CURTIS DAVIS, Appellee.

Supreme Court of Illinois.

Opinion filed November 18, 1980.

Attorney(s) appearing for the Case

Tyrone Fahner, Attorney General, of Springfield, and Bernard Carey, State's Attorney, of Chicago (Melbourne A. Noel, Jr., and Mark L. Rotert, Assistant Attorneys General, of Chicago, and Marcia B. Orr, Joel A. Stein and Mark S. Komessar, Assistant State's Attorneys, of counsel), for the People.

James J. Doherty, Public Defender, of Chicago (Geraldine V. Biggs and James L. Rhodes, Assistant Public Defenders, of counsel), for appellee.

Reversed and remanded.

MR. JUSTICE CLARK delivered the opinion of the court:

After a jury trial the defendant, Curtis Davis, was convicted of disorderly conduct (Ill. Rev. Stat. 1977, ch. 38, par. 26-1(a)). The circuit court of Cook County sentenced him to 30 days in the custody of the Department of Corrections and one year's probation, and he was fined $500. The appellate court reversed on the ground that the defendant's acts did not constitute the offense...

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