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PEOPLE v. MALONE

No. 81-564.

106 Ill. App.3d 575 (1982)

435 N.E.2d 917

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. GLEN MALONE, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Modified on denial of rehearing June 15, 1982.

Attorney(s) appearing for the Case

Edward Zukosky, State's Attorney, of Lacon (John X. Breslin, of State's Attorneys Appellate Service Commission, of counsel), for the People.

John A. Grivetti, Jr., of The Legal Center, Grivetti & Associates, of Peru, for appellee.

Reversed and remanded.

JUSTICE HEIPLE delivered the opinion of the court:

Glen Malone was charged with reckless homicide for allegedly striking the rear of Shirley Greer's car and forcing that vehicle into the passing train which resulted in her death. Three days after the accident, a search warrant was obtained to search Malone's car and seize components thereof which were to be tested and used as evidence at the trial. Prior to trial, Malone moved to quash...

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