PEOPLE v. NEWBERRY

Nos. 3-83-0492, 3-83-0493, 3-83-0494 cons.

121 Ill. App.3d 1069 (1984)

460 N.E.2d 776

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. EUGENE NEWBERRY, Defendant-Appellee. THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DANIEL BIRCH, Defendant-Appellee. THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. LAWRENCE HITZ, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed February 10, 1984.


Attorney(s) appearing for the Case

Tony L. Brasel, State's Attorney, of Watseka, for the People.

Frank J. Simutis, of Ackman, Marek, Boyd and Simutis, Ltd., of Watseka, for appellee Lawrence Hitz.

Susan Sumner Tungate, of Watseka, for appellee Daniel Birch.


Reversed and remanded.

JUSTICE SCOTT delivered the opinion of the court:

This is an appeal involving three cases which were consolidated for hearing by the circuit court of Iroquois County and which are also consolidated for disposition by this court.

The defendants, Newberry, Birch and Hitz, were all arrested at different times and given a citation for driving under the influence of liquor in violation of the Illinois Vehicle Code (Ill. Rev. Stat...

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