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PEOPLE v. GAZELLE

Nos. 4-91-0820, 4-91-0907.

595 N.E.2d 214 (1992)

230 Ill. App.3d 115

172 Ill.Dec. 151

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Casey D. GAZELLE, Defendant-Appellee. The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Scott E. REDNOUR, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

June 11, 1992.

Attorney(s) appearing for the Case

John B. Huschen, State's Atty., Eureka, Norbert J. Goetten, Director, State's Attorneys Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, and Leslie Hairston, Staff Atty., for plaintiff-appellant.

Daniel D. Yuhas, Deputy Defender, Springfield, Susan Alesia, and Lawrence Bapst, Assistant Defenders, for defendants-appellees.

Justice STEIGMANN delivered the opinion of the court:

These consolidated appeals present the issue of whether a person can commit the offense of bringing contraband into, or possessing contraband in, a penal institution (Ill.Rev.Stat.1989, ch. 38, pars. 31A-1.1(a), (b)) when the alleged contraband is a small scissors. The trial court held as a matter of law that a small scissors was not contraband under the statute defining those offenses and dismissed the charges...

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