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PEOPLE v. SMITH

No. 81-3058.

115 Ill. App.3d 453 (1983)

450 N.E.2d 1242

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. WILLIAM SMITH, Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

Opinion filed June 13, 1983.

Attorney(s) appearing for the Case

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat, Paula Carstensen, and Bryan David Schultz, Assistant State's Attorneys, of counsel), for the People.

James J. Doherty, Public Defender, of Chicago (John Thomas Moran, Assistant Public Defender, of counsel), for appellee.

Reversed and remanded.

PRESIDING JUSTICE BUCKLEY delivered the opinion of the court:

The defendant, William Smith, was arrested and charged with felony theft. (Ill. Rev. Stat. 1981, ch. 38, par. 16-1(a)(1).) The State appeals from an order of the trial court sustaining the defendant's pretrial motion to quash the indictment.

The record shows that on September 9, 1981, the defendant was arrested and charged with theft by felony complaint for preliminary...

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