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PEOPLE v. FOX

No. 5-88-0624.

561 N.E.2d 132 (1990)

203 Ill. App.3d 742

148 Ill.Dec. 826

PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Garet L. FOX, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

August 17, 1990.

Attorney(s) appearing for the Case

Sherri L.E. Tungate, State's Atty., Louisville, Kenneth R. Boyle, Director, Stephen E. Norris, Deputy Director, Ellen Eder Irish, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellant.

K. Scott Wilzbach, Salem, for defendant-appellee.

Justice HARRISON delivered the opinion of the court:

The defendant, Garet Fox, was charged with unlawful use of weapons. (Ill.Rev. Stat.1989, ch. 38, par. 24-1(a)(4).) Mr. Fox filed a motion to suppress his arrest and evidence seized, and following a hearing, the trial judge granted the motion. The State appeals pursuant to Supreme Court Rule 604(a)(1) (107 Ill.2d R. 604(a)(1)). We affirm the trial court.

At the hearing on the motion to suppress, Mr. Fox testified...

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