No. 79-399.

90 Ill. App.3d 1 (1980)

412 N.E.2d 1057

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. LESTER KLEFFMAN, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed November 6, 1980.

Attorney(s) appearing for the Case

Bruce W. Black, State's Attorney, of Pekin (John X. Breslin, of State's Attorneys Appellate Service Commission, of counsel), for the People.

Harry H. Sonnemaker, Jr., and Michael W. Sonnemaker, both of Peoria, for appellee.

Reversed and remanded.

Mr. JUSTICE STENGEL delivered the opinion of the court:

The State appeals from an order which dismissed an indictment charging defendant Lester Kleffman with official misconduct under section 33-3(c) of the Criminal Code of 1961 (Ill. Rev. Stat. 1979, ch. 38, par. 33-3(c)). That section provides:

"Official Misconduct. A public officer or employee commits misconduct when, in his official capacity, he commits any of the following...

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