PEOPLE v. PHELAN

Nos. 80-2194, 80-2654.

99 Ill. App.3d 925 (1981)

426 N.E.2d 925

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JAMES PHELAN et al., Defendants-Appellees. — THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. RONALD RUDICH, Defendant-Appellee.

Appellate Court of Illinois — First District (2nd Division).

Rehearing denied September 22, 1981.


Attorney(s) appearing for the Case

Richard M. Daley, of Chicago (Michael Shabat and Iris E. Sholder, Assistant State's Attorneys, of counsel), for the People.

Edward B. Arnolds and Gus P. Giannis, both of Chicago (Michael P. Seng, of counsel), for appellees.


Reversed and remanded.

Mr. JUSTICE DOWNING delivered the opinion of the court:

Defendants James Phelan and Brian Bowes together were charged with two counts of delivery of a controlled substance, cocaine (Ill. Rev. Stat. 1979, ch. 56 1/2, pars. 1401(a)(2), (b)). Phelan individually was charged with one count each of delivery and possession of cocaine (Ill. Rev. Stat. 1979, ch. 56 1/2, pars. 1401(b), 1402(b)...

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