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PEOPLE v. WAGNER

No. 54434.

89 Ill.2d 308 (1982)

433 N.E.2d 267

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ROBERT WAGNER, Appellant.

Supreme Court of Illinois.

Rehearing denied March 25, 1982.

Attorney(s) appearing for the Case

John H. Reid, Deputy Defender, and Randy E. Blue, Assistant Deputy Defender, of the Office of the State Appellate Defender, of Mt. Vernon, for appellant.

Tyrone C. Fahner, Attorney General, of Springfield, and John Baricevic, State's Attorney, of Belleville (Martin N. Ashley and Gillum Ferguson, of the State's Attorneys Appellate Service Commission, of Mt. Vernon, of counsel), for the People.

Judgments reversed.

JUSTICE CLARK delivered the opinion of the court:

On January 4, 1979, Robert Wagner was indicted by a St. Clair County grand jury for an alleged delivery on August 3, 1978, of.4 grams of a substance represented to be a controlled substance (heroin), in violation of section 404 of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1977, ch. 56 1/2, par. 1404). Prior to trial the defendant...

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