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PEOPLE v. SCHMITT

No. 67524.

131 Ill.2d 128 (1989)

545 N.E.2d 665

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. VERNON SCHMITT et al., Appellees.

Supreme Court of Illinois.

Opinion filed September 27, 1989.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Richard M. Daley and Cecil A. Partee, State's Attorneys, of Chicago (Terence M. Madsen, Assistant Attorney General, of Chicago, and Inge Fryklund, Joseph G. Howard and Renee Goldfarb, Assistant State's Attorneys, of counsel), for the People.

James J. McGraw, of Chicago, for appellee Frank Nielsen.

Appellate court reversed; circuit court affirmed.

JUSTICE CALVO delivered the opinion of the court:

Defendants, Vernon Schmitt and Frank Nielsen, were charged in the circuit court of Cook County with unlawful delivery of a controlled substance to Glenn Schneider on January 5, 1983, in violation of section 401(a)(2) of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1983, ch. 56 1/2, par. 1401(a)(2)). Pursuant to agreement of the parties, defendants...

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