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PEOPLE v. FABING

No. 1-88-1492.

196 Ill. App.3d 495 (1990)

554 N.E.2d 294

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. THOMAS FABING, Defendant-Appellant.

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

Opinion filed March 26, 1990.

Attorney(s) appearing for the Case

Warsawsky, McNeal, Fabing & Associates, of Chicago (Michael D. Fabing and Elizabeth A. Knospe, of counsel), for appellant.

Cecil A. Partee, State's Attorney, of Chicago (Inge Fryklund and David Butzen, Assistant State's Attorneys, of counsel), for the People.

Cassiday, Schade & Gloor, of Chicago (Michael J. Gallagher, Gregory E. Schiller, and Patricia A. Bove, of counsel), for amicus curiae Chicago Herpetological Society.

Reversed and remanded.

PRESIDING JUSTICE BUCKLEY delivered the opinion of the court:

Thomas Fabing (defendant) was charged by misdemeanor complaint with four counts of possessing "life-threatening" reptiles in violation of section 1 of the Illinois Dangerous Animals Act (the Act) (Ill. Rev. Stat. 1987, ch. 8, par. 241). Following a bench trial, defendant was found guilty of the charged offenses and fined $100.

Defendant appeals his conviction, contending...

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