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PEOPLE v. MURPHY

No. 60412.

108 Ill.2d 228 (1985)

483 N.E.2d 1288

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. ERIN B. MURPHY, Appellee.

Supreme Court of Illinois.

Opinion filed October 3, 1985.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Edward F. Petka, State's Attorney, of Joliet (Jill Wine-Banks, Solicitor General, Mark L. Rotert and James E. Fitzgerald, Assistant Attorneys General, of Chicago, and John X. Breslin and Gary F. Gnidovec, of the State's Attorneys Appellate Service Commission, of Ottawa, of counsel), for the People.

Bruce A. Heidecke, of Westmont, for appellee.

Reversed and remanded.

JUSTICE WARD delivered the opinion of the court:

Following her indictment for reckless homicide (Ill. Rev. Stat. 1981, ch. 38, par. 9-3(a)) in the circuit court of Will County, Erin B. Murphy filed a motion in limine to exclude from evidence the results of a chemical analysis of a sample taken of her blood. The circuit court granted the motion, and the State filed an interlocutory appeal to the appellate court under our Rule 308...

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