PEOPLE v. McCARTY

No. 54745.

86 Ill.2d 247 (1981)

427 N.E.2d 147

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. DANNY JOE McCARTY, Appellee.

Supreme Court of Illinois.

Opinion filed September 30, 1981.


Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, and J. William Roberts, State's Attorney, both of Springfield (Robert J. Biderman and David E. Mannchen, of the State's Attorneys Appellate Service Commission, of counsel), for the People.

Michael B. Metnick, of Costello, Young & Metnick, of Springfield, for appellee.

Edward B. Arnolds and Gus P. Giannis, of Chicago (Michael P. Seng, of counsel), for amici curiae James Phelan and Brian Bowes.


Appellate court reversed; circuit court affirmed.

MR. JUSTICE MORAN delivered the opinion of the court:

The defendant, Danny Joe McCarty, was indicted by the grand jury of Sangamon County for the unlawful delivery of less than 30 grams of a substance containing cocaine in violation of section 401(b) of the Illinois Controlled Substances Act (Act) (Ill. Rev. Stat. 1979, ch. 56 1/2, par. 1401(b)). Prior to trial he filed a motion to dismiss the indictment alleging...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases