PEOPLE v. CARTER

No. 80-1851.

102 Ill. App.3d 796 (1981)

430 N.E.2d 31

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DALE M. CARTER, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Rehearing denied December 23, 1981.


Attorney(s) appearing for the Case

Donald Page Moore and Jo-Anne F. Wolfson, both of Chicago, for appellant.

Tyrone C. Fahner, Attorney General, of Chicago (Donald Townsend and Greig R. Siedor, Assistant Attorneys General, of counsel), for the People.


Judgment reversed.

JUSTICE LORENZ delivered the opinion of the court:

Defendant was sentenced to three years imprisonment after he was tried by jury and convicted of four counts of violating the Franchise Disclosure Act (hereinafter F.D.A.) (Ill. Rev. Stat. 1979, ch. 121 1/2, par. 701 et seq.). Several questions are presented for review, but we find that this appeal must be resolved based upon our consideration of two fundamental

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